DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,237

PASS & SEYMOUR LEGRAND
A SUBSIDIARY OF LEGRAND
DALLAS, NORTH CAROLINA

Negative Determination Regarding Eligibility
To Apply for Worker 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 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 4, 2002 in
response to a petition filed by the company on behalf of workers
at Pass & Seymour Legrand, a wholly owned subsidiary of Legrand,
Gastonia Plant, Dallas, North Carolina. The workers produced
plastic wall plates and receptacle boxes and were not separately
identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that there were no company
imports of plastic wall plates and receptacle boxes, nor was
there a shift in production of plastic wall plates and
receptacle boxes from the Gastonia plant to a foreign country
during the period under investigation. In fact, the plastic
wall plates and receptacle boxes that were produced at the
Gastonia plant were transferred domestically to Legrand's
Concord, North Carolina plant.
Conclusion
After careful review, I determine that workers producing
wall plates and receptacle boxes at Pass & Seymour Legrand, a
wholly owned subsidiary of Legrand, Gastonia Plant, Dallas,
North Carolina, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 3rd day of January 2003.


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance