DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,415

TIMES FIBER COMMUNICATION, INC.
CHATHAM, VIRGINIA


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 January 2, 2003 in
response to a petition filed by the United Steel Workers of
America, Local 9428, on behalf of workers at Times Fiber
Communication, Inc., Chatham, Virginia. The workers produce
coaxial cable television cable.
The investigation revealed that criteria (I.C.) and (II.B.)
have not been met.
The investigation revealed that there has been no shift of
production abroad.
The investigation also revealed no increased company
imports during the periods of sales and production decline at
the subject company.
The Department of Labor conducted a survey of the subject
company's major customers regarding their purchases of coaxial
cable in 2001 and 2002. The survey revealed no increased
imports.
Conclusion
After careful review, I determine that all workers of Times
Fiber Communication, Inc., Chatham, Virginia 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 14th day of February 2003

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