DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,845

ROHN INDUSTRIES, INC.
ROHN PRODUCTS DIVISION
FRANKFORT, INDIANA

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade 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 December 19, 2003 in
response to a petition filed by United Food & Commercial Workers
International Union on behalf of workers at Rohn Industries, Inc.,
Rohn Products Division, Frankfort, Indiana. The workers at the
subject firm produce telecommunications towers and accessories.
The workers are not separately identifiable by product line.
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
import telecommunications towers and accessories during 2001, 2002,
or 2003.
Furthermore, the investigation revealed that the subject firm
did not shift production of telecommunications towers and
accessories abroad during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers in regards to their purchases of
telecommunications towers and accessories. This survey revealed no
imports during the relevant period.
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.
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 of the facts obtained in this
investigation, I determine that all workers of Rohn Industries,
Inc., Rohn Products Division, Frankfort, Indiana are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 30th day of January 2004

/s/ Linda G. Poole

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