DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,520

GIDDINGS & LEWIS LLC
MACHINE TOOLS DIVISION
A COMPANY OF THYSSENKRUPP INDUSTRIES, AG
FOND DU LAC, WISCONSIN

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its 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 on November 11, 2003, in
response to a petition filed on behalf of workers of Giddings &
Lewis LLC, Machine Tools Division, a company of ThyssenKrupp
Industries, AG, Fond du Lac, Wisconsin. The workers at the subject
firm produce machine tools.
The investigation determined that sales and employment at the
subject facility decreased during the period of 2001 to 2002, and
during January through October 2003.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of machine tools.
This survey revealed imports during the period under investigation.
Furthermore, aggregate U.S. imports of machine tools (metal
cutting type) increased during the period of January through
October 2003 when compared to the same period in 2002.
Workers of the subject firm were previously certified eligible
to apply for adjustment assistance, TA-W-39,474, which expired
August 14, 2003.
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 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.
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.
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 of the subject firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced at the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production and at that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Giddings & Lewis LLC, Machine Tools
Division, a company of ThyssenKrupp Industries, AG, Fond du
Lac, Wisconsin who became totally or partially separated from
employment on or after August 15, 2003, through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974;" and
I further determine that all workers of Giddings & Lewis LLC,
Machine Tools Division, a company of ThyssenKrupp Industries,AG,
Fond du Lac, Wisconsin are denied 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 January 2004

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance