DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,788

OHIO VALLEY ALLOY SERVICES, INC.
MARIETTA, OHIO

Negative Determination Regarding Eligibility to Apply for
Worker 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 qualifies as adversely affected
secondary workers acting as downstream producers for a firm or
subdivision primarily affected by increased imports from Canada or
Mexico or a shift of production to Canada or Mexico.
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 December 11, 2003 in
response to a petition filed on behalf of workers of Ohio Valley
Alloy Services, Marietta, Ohio. The workers at the subject firm
grind, sort, package and ship ferrosilicon material.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to the
subject firm losing business as a downstream producer for a firm
that has increased imports from Canada or Mexico or shifted
production to Canada or Mexico. The investigation revealed,
however, that this was not the case.
Workers at the firm for which the subject firm performed the
above mentioned operations are not currently under certification
as eligible to apply for Trade Adjustment Assistance.


Conclusion
After careful review, I determine workers of Ohio Valley
Alloy Services, Marietta, Ohio, are denied eligibility to apply
for adjustment assistance under section 223(b) of the Trade Act of
1974.
Signed at Washington, D.C., this 16th day of January 2004.
/s/ Richard Church

__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance