DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,350

LEVITON MANUFACTURING COMPANY, INC
HILLSGROVE DIVISION
WARWICK, RHODE ISLAND


Notice of Revised Determination
on Reconsideration

By application of April 21, 2003, a company official
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on March 21, 2003, based on the finding that
imports of electrical wiring devices did not contribute
importantly to worker separations at the subject plant and that
there was no shift to a foreign country. The denial notice was
published in the Federal Register on April 7, 2003 (68 FR 16833).
To support the request for reconsideration, the company
official supplied additional information to supplement that which
was gathered during the initial investigation. Upon further
review, it was revealed that the company shifted production of
electrical wiring devices to Mexico during the relevant period
and that this shift contributed importantly to layoffs at the
Warwick plant.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Leviton Manufacturing Company, Inc.,
Hillsgrove Division, Warwick, Rhode Island who became totally
or partially separated from employment on or after December
16, 2001 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974."
Signed in Washington, D.C. this 26th day of June 2003.

/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,350

LEVITON MANUFACTURING COMPANY, INC
HILLSGROVE DIVISION
WARWICK, RHODE ISLAND

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,
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 16, 2002 in
response to a petition filed by the company official on behalf of
workers at Leviton Manufacturing Company, Inc., Hillsgrove
Division, Warwick, Rhode Island. The workers produced electrical
wiring devices.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed the sales and employment declined
from 2000 through 2001 and also declined from January through
November of 2002 when compared with the same time period in 2001.
The investigation revealed that there were no company imports
of articles like or directly competitive with the electrical wiring
devices produced at the subject firm.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of electrical wiring
devices. The subject firm’s major declining customers reported no
purchases from a foreign source during the period under
investigation.
Conclusion
After careful review, I determine that all workers of Leviton
Manufacturing Company, Inc., Hillsgrove Division, Warwick, Rhode
Island, 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 21st day of March 2003


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