DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,521

WIL-MORT METALS, INC.
FORT PAYNE, ALABAMA

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.
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 March 17, 2004 in response
to a petition filed by a company official on behalf of workers at
Wil-Mort Metals, Inc., Fort Payne, Alabama. The workers at the
subject firm produced galvanized tubing, metals roofing, and siding
products. The workers were not separately identifiable by product
line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
The investigation revealed that the subject firm did not
import of shift the production abroad of galvanized tubing, metal
roofing, or siding products in 2002, 2003, or January through
February 2004.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of metal roofing and
siding. This survey revealed no imports of metal roofing or siding
during the relevant period.
Conclusion
After careful review of the facts obtained during this
investigation, I determine that all workers of Wil-Mort Metals,
Inc., Fort Payne, Alabama, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 19th day of April 2004.


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