DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,510

CHICAGO BRIDGE & IRON CONSTRUCTORS, INC.
INDUSTRIAL DIVISION
A SUBSIDIARY OF CHICAGO BRIDGE & IRON COMPANY, N.V.
PROVO, UTAH

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 November 12, 2003 in
response to a petition filed on behalf of workers of Chicago Bridge
and Iron Constructors, Inc., Industrial Division, a subsidiary of
Chicago Bridge and Iron Company, N.V., Provo Utah. The workers
produce steel storage tanks and vessels.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The subject firm did not import steel storage tanks and
vessels, nor did it shift production to a foreign country during
the relevant period.



The Department of Labor surveyed the subject firm's major
customers regarding their purchases of steel storage tanks and
vessels during the relevant period. This survey revealed no
imports during that period.
The Department of Labor also surveyed the firms to which the
subject firm submitted bids during the relevant period. These
contracts were awarded to other domestic firms during that period.
Conclusion
After careful review, I determine that all workers of Chicago
Bridge and Iron Constructors, Inc., Industrial Division, a
subsidiary of Chicago Bridge and Iron Company, N.V., Provo, Utah
Provo, Utah are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 29th day of December 2003.



/s/Linda G. Poole

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