DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,971

FULTON BELLOWS AND COMPONENTS
KNOXVILLE, TENNESSEE

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers as suppliers of component parts to a
firm or subdivision primarily affected by increased imports or a
shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on June 6, 2003, in
response to a petition filed by the United Steelworkers Union
Local 5431 on behalf of workers of Fulton Bellows and
Components, Knoxville, Tennessee. The workers produce bellows.
Workers at the subject firm were denied eligibility to
apply for adjustment assistance on April 29, 2003 (TA-W-50,447)
This investigation revealed that criterion (3)(B) has not
been met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case.
Although the subject firm does have a customer that is
under an existing certification (Zexel Valeo Compressor USA,
Decatur, Illinois, TA-W-39,953), the loss of business with this
customer did not contribute importantly to worker separations at
the subject firm in 2002 or Jan-May of 2003.
Conclusion
After careful review, I determine that all workers covered
by this petition of Fulton Bellows and Components, Knoxville,
Tennessee do not qualify as adversely affected secondary workers
and are denied eligibility to apply for adjustment assistance
under section 223(b) of the Trade Act of 1974.
Signed at Washington, D.C., this 13th day of June 2003.

/s/ Richard Church


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RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance