DEPARTMENT OF LABOR

Employment and Training Administration

TA-W 54,544

DON EVANS, INC.
D/B/A EVCO PLASTICS
TOOL ROOM DIVISION
RENO, NEVADA

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 March 18, 2004 in
response to a petition filed by a State agency representative on
behalf of workers at Don Evans, Inc., d/b/a EVCO Plastics, Tool
Room Division, Reno, Nevada. The workers produced injection
molds for plastic products.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that the Tool Room Division of
the subject firm did not separate or threaten to separate a
significant number or proportion of workers as required by
Section 222 of the Trade Act of 1974. Significant number or
proportion of the workers in a firm or appropriate subdivision
thereof, means that at least three workers with a workforce of
fewer than 50 workers or five percent of the workers with a
workforce of over 50 workers. Separations by the subject firm
did not meet this threshold level.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that workers of Don Evans, Inc.,
d/b/a EVCO Plastics, Tool Room Division, Reno, Nevada, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 17th day of May 2004.


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