DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,211

COMMSCOPE, INC.
CLAREMONT, NORTH CAROLINA

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 March 18, 2003, in response
to a petition filed on behalf of workers of CommScope, Inc.,
Claremont, North Carolina. The workers are engaged in employment
related to the production of coaxial and fiber optic cable.
The petitioning worker group (and various other locations of
the CommScope company) were recently denied eligibility to apply
for trade adjustment assistance under investigation TA-W-42,050A,
signed on November 19, 2002.
This investigation revealed that criteria I.C. and II.B. have
not been met.
The company has not imported coaxial and fiber optic cable
since the previous determination. Imports of like or directly
competitive products did not cause worker separations at Claremont,
nor was there a production shift from that facility to any foreign
location.
Workers at the subject plant could be eligible for benefits
under the Trade Act only if their separation was caused importantly
by a reduced demand for their services from an affiliated facility
whose workers independently meet the statutory criteria for
certification. These conditions have not been met for workers at
CommScope, Inc., Claremont, North Carolina.
Conclusion
After careful review, I determine that all workers of
CommScope, Inc., Claremont, North Carolina 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 4th day of April 2003.


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