DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,563

SHEET METAL SPECIALTIES, INC.
WAXHAW, NORTH CAROLINA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on August 15, 2003 in response
to a petition filed by a company official on behalf of workers at
Sheet Metal Specialties, Inc., Waxhaw, North Carolina. The workers
at the subject firm produced precision sheet metal components.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to their
firm losing business as a supplier to a firm that shifted
production abroad or was affected by increased imports. The
investigation revealed, however, that was not the case.
The firms listed in the petition have not received a
certification of eligibility to apply for trade adjustment
assistance benefits.
Furthermore, the investigation revealed that the subject firm
did not shift production of its precision sheet metal components
abroad during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of precision sheet
metal components. This survey revealed no import purchases of
precision sheet metal components during the relevant period.

In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Sheet
Metal Specialties, Inc., Waxhaw, North Carolina are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 22nd day of September, 2003
.
/s/ Linda G. Poole

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