DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,094

ANEMOSTAT, INC.
SCRANTON, PENNSYLVANIA

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 17, 2003, in
response to a petition filed on behalf of workers of Anemostat,
Inc., Scranton, Pennsylvania. The workers produce sheet metal
articles for the heating-ventilation-air conditioning industry.
The investigation revealed that criteria I.C and II.B have
not been met.
The subject firm did not import sheet metal articles for
the heating-ventilation-air conditioning industry, nor have they
shifted production of such articles to a foreign location.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
sheet metal articles for the heating-ventilation-air
conditioning industry during 2001, 2002, and January through
June 2003 over the corresponding 2002 period. The survey
revealed that major customers did not increase their purchases
of sheet metal articles for the heating-ventilation-air
conditioning industry, while decreasing their purchases from the
subject firm during the relevant time period.
Conclusion
After careful review, I determine that all workers of
Anemostat, Inc., Scranton, Pennsylvania, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D.C. this 30th day of July 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance