DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,123

HONEYWELL INTERNATIONAL
SPECIALTY MATERIALS
BIRMINGHAM, ALABAMA

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 23, 2003, in response
to a petition filed by a company official on behalf of workers of
Honeywell International, Specialty Materials, Birmingham, Alabama.
The workers produced roofing and driveway sealant.
The investigation revealed that criteria I.C and II.B are not
met.
Sales and production did not decline from 2001 to 2002, nor
did it decline up to the closure of the plant.
According to the company official, the plant closure was not
a result of a loss in sales of roofing pitch and driveway
sealant, but rather attributed to a decline in available
feedstock (a by-product of the steel making process). This
resulted in higher prices of the feedstock and in turn the
production of roofing pitch and driveway sealer became
unprofitable.
The petitioner believes they should be certified for trade
adjustment assistance based on steel imports impacting the U.S.
steel industry, reducing U.S. steel production and thus
decreasing the domestic supply of feedstock (resulting in higher
prices). This is not relevant factor as it relates to this
investigation. The products imported must be "like or directly
competitive" with what the subject plant workers produce and
those imports must have contribute importantly to the layoffs at
the subject plant.
There has not 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, nor has the company increased imports of
roofing or driveway sealant during the relevant period.
Conclusion
After careful review, I determine that all workers of
Honeywell International, Specialty Materials, Birmingham, Alabama
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.

Signed in Washington, D.C. this 1st day of August 2003.


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