DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,367

HOLOPHANE, ACUITY LIGHTING CORPORATION
NEWARK, OHIO

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance


In accordance with Section 223 of the Trade Act of 1974, as
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 February 26, 2004 in
response to a petition filed on behalf of workers at Holophane,
Acuity Lighting Fixtures Corporation, Newark, Ohio. The workers
produce commercial light fixtures. Workers are not separately
identifiable by product.
The investigation revealed that criteria (I.C) and (II.B)
were not met.
The subject firm did not import the products it
manufactures, nor did it shift production abroad in 2002, 2003
and during the January through February 2004 period.
The subject firm transferred some functions to another
company facility located in the United States.
The U.S. Department of Labor surveyed the subject firm's
major declining customers regarding their purchases of
commercial lighting fixtures during 2002, 2003, and January
through March 2004 over the corresponding 2003 period. The
survey revealed no imports during the period under
investigation.
Conclusion
After careful review, I determine that all workers of
Holophane, Acuity Lighting Fixtures Corporation, Newark, Ohio
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 14th day of April, 2004.

/s/ Elliott S. Kushner
______________________________
Elliott S. Kushner
Certifying Officer, Division of
Trade Adjustment Assistance