DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,725

PRISTECH PRODUCTS, INC.
FORMERLY PRISM ENTERPRISES SERVICES
INCLUDING LEASED WORKERS OF LINK STAFFING SERVICES
SAN ANTONIO, TEXAS

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
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 April 15, 2004 in response
to a petition filed on behalf of workers at Pristech Products,
Inc., formerly Prism Enterprises, San Antonio, Texas. The subject
firm leased some production workers from Link Staffing Services.
The workers at the subject firm produce automotive pumps and
medical products such as catheters, medical heat packs and pumps.
Workers are separately identifiable between the automotive and
medical product lines. Production of automotive pumps at the
subject facility ended in 2003.
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 automotive pumps and medical products in 2002 and 2003, nor
did it shift production abroad during the above period. The company
purchasing the medical sector of the subject firm is transferring
the manufacture of medical products from San Antonio to another
domestic location.
The Department of Labor conducted surveys of the subject
firm's major customers regarding their purchases either of
automotive pumps or medical products during 2002, 2003 and the
first quarter of 2004. Results of the survey indicated that
customer imports of automotive pumps and medical products either
were very minor or did not increase during periods of declining
purchases from the subject firm.
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, I determine that all workers of Pristech
Products, Inc., formerly Prism Enterprises, including leased
workers of Link Staffing Services, San Antonio, Texas are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 20th day of May, 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance