DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,570

THERMO FORMA
MARIETTA, OHIO

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 18, 2003 in
response to a petition filed behalf of workers at Thermo Forma,
Marietta, Ohio. The workers at the subject firm produced
medical and biological research equipment.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
increase imports of medical and biological research equipment
during 2001, 2002, or January through October of 2003.
Furthermore, the investigation revealed that the subject
firm did not shift production of medical and biological research
equipment abroad during the relevant period.
The Department of Labor surveyed the subject firms major
declining customers regarding their purchases of medical and
biological research equipment. The surveys revealed no imports
of medical and biological research equipment by the major
declining customers during the period under investigation.

Conclusion
After careful review of facts obtained in the
investigation, I determine that all workers of Thermo Forma,
Marietta, Ohio are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 23rd day of December 2003


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