DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,745

CHART INDUSTRIES, INC.
CHART STORAGE SYSTEMS DIVISION
PLAISTOW, NEW HAMPSHIRE

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 April 19, 2004 in
response to a petition filed by the International Brotherhood
Union, Local 752, on behalf of workers at Chart Industries, Inc.,
Chart Storage Systems Division, Plaistow, New Hampshire. The
workers produce cryogenic tanks and railcars.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with the cryogenic tanks or railcars produced at the
Plaistow, New Hampshire facility, nor did they shift production
abroad during the relevant period.
The Department of Labor surveyed the major declining
customer of the subject firm regarding their purchases of
cryogenic tanks and railcars during 2002, 2003 and January
through March 2004. The survey revealed that none of customers
increased their purchase of imported cryogenic tanks or railcars
while decreasing their purchases from the subject plant.
Conclusion
After careful review, I determine that all workers of Chart
Industries, Inc., Chart Storage Systems Division, Plaistow, New
Hampshire are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 26th day of May 2004.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance