DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,043

CONGOLEUM CORPORATION
MERCERVILLE, NEW JERSEY


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 June 16, 2003, in response
to a petition filed by a State agency representative (New Jersey)
on behalf of workers of Congoleum Corporation, Mercerville, New
Jersey. The workers produce vinyl tile and sheet flooring.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that the subject firm did not
import products like or directly competitive with vinyl tile and
sheet flooring during the relevant period of 2001 to 2002 and
January through May 2003, nor did it transfer production abroad.
The Department of Labor surveyed the subject firms' major
customer regarding their purchases of vinyl tile and sheet flooring
in 2001, 2002 and January through May 2003. The survey revealed no
imports of like or directly competitive products during the period
under investigation.
Conclusion
After careful review, I determine that all workers of
Congoleum Corporation, Mercerville, New Jersey 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 21st day of July, 2003.


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