DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,849

NEOPLAN USA CORPORATION
BROWNSVILLE, TEXAS

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
eligibility 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
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate 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 on behalf of workers at Neoplan USA
Corporation, Brownsville, Texas. The workers produced buses.



The investigation revealed that criterion (3) has not been
met.
Neoplan USA Corporation does not import products produced at
its Brownsville plant.
The investigation further revealed that the subject facility
was closed due to failure to obtain a manufacturing license. No
sales resulted from production at the Brownsville plant and no
finished buses were produced.
Conclusion
After careful review, I determine that all workers of
Neoplan USA Corporation, Brownsville, Texas, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 3rd day of September 2002.


/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance