DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,844

TEREX MINING
MANUFACTURING FACILITY
TULSA, OKLAHOMA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or subdi-
vision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on July 22, 2002 in response
to a petition filed by International Association of Machinists and
Aerospace Workers, Local 790, on behalf of workers at Terex Mining,
Manufacturing Facility, Tulsa, Oklahoma. The workers produced
mining haul trucks.
The investigation revealed that criterion (3) has not been
met.
The company announced the closure of the manufacturing
facility at Tulsa, Oklahoma on May 28, 2002. The company is now
outsourcing all of the production of the subject facility to Noble
Construction Equipment in Lubbock, Texas. Evidence developed in
the course of the investigation revealed that all of the production
of mining haul trucks for Terex Mining by this contractor is
domestic.
The company did not import mining haul trucks during the
relevant period.
U.S. imports of other self-propelled trucks, other than rider-
type, decreased in January-May 2002 compared to the same period in
2001.
The Department conducted a survey of major domestic declining
customers of the subject firm regarding their purchases of mining
haul trucks of 50 to 360 ton capacity in 2000 2001 and January-
March 2002. The survey revealed that respondents did not import
mining haul trucks of 50 to 360 ton capacity in the relevant
period.


Conclusion
After careful review, I determine that all workers of Terex
Mining, Manufacturing Facility, Tulsa, Oklahoma are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D. C. this 26th day of September, 2002



/s/Elliott S. Kushner_____
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance