DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,025

INVENSYS-ROBERTSHAW
LONG BEACH, CALIFORNIA

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 September 26, 2003 in
response to a petition filed by the International Union, United
Automobile, Aerospace & Agricultural Implement Workers of America
on behalf of workers at Invensys-Robertshaw, Long Beach,
California. The workers produce die-cast machined components for
timers, smoke alarms, and thermostats and related products made
by the parent company.
The investigation revealed that criteria I.C. and II.C. have
not been met.
All of the subject plant's die cast component parts are
exported to a foreign plant that is corporately affiliated. Loss
of export volume cannot be used as a basis for certification
under the Trade Act of 1974. Moreover, a` shift in production to
a country under a free trade agreement occurred, and was
completed, prior to the relevant period of this investigation.
Another shift in plant production to Korea occurred during the
relevant period, however the product (copper tubes) is not being
imported back to the United States.

Separations of workers at Long Beach, which did occur during
the relevant period, were caused by a shift in production to
another domestic manufactory.
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 assis-
tance (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
Invensys-Robertshaw, Long Beach, California are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denial eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 7th day of November 2003.

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