DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,453

ATLAS COPCO WAGNER INCORPORATED
PORTLAND, OREGON

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 ei-
ther 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 threat-
ened to become totally or partially separated;
B. the sales or production, or both, of such firm or subdivi-
sion 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 pro-
duction 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 im-
ports of articles that are like or directly com-
petitive with articles which are or were produced by
such firm or subdivision.

The investigation was initiated on January 3, 2003, in re-
sponse to a petition filed by Teamsters Local Union No. 206 on be-
half of workers of Atlas Copco Wagner, Inc., Portland, Oregon. The
workers produced underground mining equipment.
The investigation revealed that Criteria I.C. and II.C. have
not been met.
Most of the decline in sales is accounted for by export sales.
Loss of export sales cannot be used as a basis for certification of
this worker group.
The shift of production of the subject firm is not to coun-
tries covered under C.1 and C.2 above.


Conclusion
After careful review, I determine that all workers of Atlas
Copco Wagner, Inc., Portland, Oregon 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 February 2003


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