DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,441

CONN-SELMER, INC.
SELMER MAIN STREET DIVISION
ELKHART, INDIANA

TA-W-52,441A

CONN-SELMER, INC.
SELMER PLANT 2 DIVISION
ELKHART, INDIANA

Negative Determination Regarding Eligibility
to Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated January 5, 2005, a company official requested
ATAA consideration for workers at the subject firms located in
Elkhart, Indiana.

The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not
been met.
The investigation revealed that workers in the workers’ firm
possess skills that are easily transferable in the local area.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that workers of Conn-Selmer, Inc., Selmer Main Street
Division, Elkhart, Indiana (TA-W-52,441) and Conn-Selmer, Inc.,
Selmer Plant 2 Division, Elkhart, Indiana (TA-W-52,441A) are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 28th day of February 2005

/s/ Linda G. Poole


_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,441

CONN-SELMER, INC.
SELMER MAIN STREET DIVISION
ELKHART, INDIANA

TA-W-52,441A

CONN-SELMER, INC.
SELMER PLANT 2 DIVISION
ELKHART, INDIANA


Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on July 31, 2003, and filed by a company official on
behalf of workers at Conn-Selmer, Inc., Selmer Main Street Division
(manufacturing plant), Elkhart, Indiana (TA-W-52,441), and at Conn-
Selmer, Inc., Selmer Plant 2 Division (distribution center),
Elkhart, Indiana (TA-W-52,441A). The workers were engaged in
activities related to the production of clarinets, flutes and
oboes.
The investigation revealed that during the relevant period
sales, production and employment declined at the manufacturing
facility and employment declined at the distribution facility.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of
clarinets, flutes and oboes during 2001, 2002, and January
through July 2003 over the corresponding 2002 period. The survey
revealed that major customers increased their purchases of
imported clarinets, flutes and oboes, while decreasing their
purchases from the subject firm during the relevant time period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with clarinets, flutes and oboes
produced at Conn-Selmer, Inc., Selmer Main Street Division Elkhart,
Indiana, and Conn-Selmer, Inc., Selmer Plant 2 Division, Elkhart,
Indiana, contributed importantly to the total or partial separation
of workers and to the decline in sales or production at those
facilities. In accordance with the provisions of the Act, I make
the following certification:


"All workers of Conn-Selmer, Inc., Selmer Main Street Division
Elkhart, Indiana (TA-W-52,441), and Conn-Selmer, Inc., Selmer
Plant 2 Division, Elkhart, Indiana (TA-W-52,441A), engaged in
activities related to the production of flutes, clarinets, and
oboes, who became totally or partially separated from
employment on or after July 14, 2002, through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 10th day of October 2003.

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




May want to list the specific citation to the group eligibility requirements.