DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,145

PHILIPS ELMET
LEWISTON, MAINE

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 26, 2003, in
response to a petition filed on behalf of workers at Philips
Elmet, Lewiston, Maine. The workers produce metal products used
in lighting products (including light bulb coils, press stubs,
and metal sheets).
The investigation revealed that criteria (I.B) and (II.B)
have not been met.
Production at the subject firm increased during 2002
compared to the same time period in 2001 and as well as during
the period January through May 2003 as compared with the same
period in 2002.
Sales remained constant in 2002 as compared with 2001, and
increased slightly in the period January through May 2003 as
compared with the same period in 2002.
The investigation also revealed that the subject firm did
not shift production of metal products used in lighting products
(including light bulb coils, press stubs, and metal sheets) to a
foreign country during the relevant period.
Conclusion
After careful review, I determine that all workers of
Philips Elmet, Lewiston, Maine, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 28th day of August 2003

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