DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,468

TEXTRON
CUSHMAN, INC.
LINCOLN, NEBRASKA

Notice of Revised Determination
on Reconsideration

By letter postmarked March 26, 2003, the Paper, Allied-
Industrial, Chemical and Energy International Workers Union,
Local 5-0907, 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 February 3, 2003, based on the finding
that imports of mini trucks, three wheel scooters, turf care
application products, etc. did not contribute importantly to
worker separations at the subject plant. The denial notice was
published in the Federal Register on February 24, 2003 (68 FR
8619).
To support the request for reconsideration, the union
supplied additional information to supplement that which was
gathered during the initial investigation.
Upon further review and contact with the company, it was
revealed that the company increased their imports of components
competitive with those produced by the subject firm during the
relevant period, contributing to the layoffs at the subject firm.
The workers are not separately identifiable by product line.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Textron,
Cushman, Inc., Lincoln, Nebraska, contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Textron, Cushman, Inc., Lincoln, Nebraska,
who became totally or partially separated from employment on
or after December 30, 2001 through two years from the date
of this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."

Signed in Washington, D.C. this 16th day of July 2003.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,468

TEXTRON
CUSHMAN, INC.
LINCOLN, NEBRASKA

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, 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

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; 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.

The investigation was initiated on January 6, 2003, in
response to a petition filed by Paper, Allied-Industrial, Chemical
and Energy Workers International Union, Local 5-09 on behalf of
workers of Textron, Cushman, Inc., Lincoln, Nebraska. The workers
produced mini trucks, three wheel scooters, turf care application
products, etc. and were not separately identifiable by product
line.
The investigation revealed that criterion (a)(2)(A)(I.C) and
criterion (a)(2)(B)(II.B) were not satisfied.
The investigation revealed that the subject company neither
increased import purchases nor shifted production abroad during
2001 or 2002.
The Department of Labor conducted a survey of the subject
company’s major customer regarding their purchases of mini trucks,
three wheel scooters, turf care application products, etc. during
2001, and 2002. The survey revealed no foreign imports during the
period under investigation.

Conclusion
After careful review, I determine that all workers of
Textron, Cushman, Inc., Lincoln, Nebraska 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/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance