DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,348

EGGER STEEL COMPANY
SIOUX FALLS, SOUTH DAKOTA

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 13, 2002 in
response to a petition filed on behalf of workers at Egger Steel
Company, Sioux Falls, South Dakota. The workers were engaged in
employment related to the production of structural steel.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
Egger Steel Company did not shift steel production abroad,
nor did it import steel during the relevant period.
United States imports of carbon steel structural shapes
decreased absolutely and relative to domestic U.S. shipments in
2002 compared with 2001.
The investigation also revealed that many customers of Egger
Steel are often legally required to purchase steel produced in
the United States; thus Egger is not directly affected by foreign
competition. Layoffs at the subject facility can be attributed
to a general economic slowdown.
Conclusion
After careful review, I determine that all workers of Egger
Steel Company, Sioux Falls, South Dakota 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 7th day of February 2003.

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


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