DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-42,162

FORNEY INCORPORATED
HERMITAGE, PENNSYLVANIA

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 September 23, 2002 in response to a
petition filed by the United Steelworkers of America, Local Union 1660-07, on
behalf of workers at Forney Incorporated, Hermitage, Pennsylvania. Workers
are engaged in the production of equipment for testing concrete and other
materials.
The investigation revealed that criterion (3) has not been met.
The subject company does not import like or directly competitive
products in significant quantities.
The Department of Labor conducted a survey of the subject firm's major
customers regarding their purchases during 2000, 2001, January-September 2001
and January-September 2002. The survey revealed no increased customer import
purchases during the period of sales decline at the subject firm.
Conclusion
After careful review, I determine that all workers of Forney
Incorporated, Hermitage, Pennsylvania, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 12th day of December 2002



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