DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,213

MKS INSTRUMENTS
COLORADO FACILITY
COLORADO SPRINGS, COLORADO

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 by a company official on behalf of
workers at MKS Instruments, Colorado Springs, Colorado. The
workers produced magnetic resource imaging systems.
The investigation revealed that criteria (a)(I)(C) and
(a)(II)(B) have not been met.
The investigation revealed that sales, production at the
subject firm declined from 2001 to 2002. Also, sales,
production and employment declined from January through February
2003 when compared to the same time period in 2002.
The investigation also revealed subject firm neither
imported magnetic resource imaging systems from another country
nor did the subject firm shift production of magnetic resource
imaging systems to a country that is part of a free trade
agreement with the United States.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of magnetic resource imaging
systems. The surveys revealed that the customers did not
import magnetic resource imaging systems during the relevant
time period.
Conclusion
After careful review, I determine that all workers of MKS
Instruments, Colorado Springs, Colorado, 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 10th day of April 2003


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