DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,108

ATLAS COPCO COMPRESSORS INC.
HOLYOKE, MASSACHUSETTS

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on December 1, 2004 in
response to a petition filed by a company official and the United
Electrical, Radio and Machine Workers of America, Local 259, on
behalf of workers of Atlas Copco Compressors, Inc.(ACCI), Holyoke,
Massachusetts. Atlas Copco AB is the parent company of the subject
firm. Workers produced portable air compressors and generators, and
were also engaged in repair work, options installation and the
distribution of products manufactured domestically and abroad.
The investigation revealed that criteria I.B and II.C are not
met.
All workers of Atlas Copco Compressors, Inc., Holyoke,
Massachusetts were certified eligible to apply for adjustment
assistance on December 4, 2002 (TA-W-42,306). That certification
expired on December 4, 2004.
This investigation revealed that the company plans to transfer
production from the subject facility to another domestic affiliated
company plant in the first quarter of 2005. Sales and production of
portable air compressors and generators remained relatively stable
in 2003 compared to 2002 and increased in January-November 2004
compared to the same period in 2003.
The company did not shift production of portable air
compressors and generators from the subject facility to a foreign
facility, nor did it import these products in the relevant
period.
The petitioners allege a transfer of production abroad.
Products mentioned in the allegation were not produced at the
subject plant during the relevant period, however.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of Atlas
Copco Compressors, Inc., Holyoke, Massachusetts are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of January 2005

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