DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,906

W.H. STEWART COMPANY
OKLAHOMA CITY, OKLAHOMA

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualifies as adversely
affected secondary workers as suppliers of component parts to a
firm or subdivision primarily affected by increased imports or a
shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on May 12, 2004, in
response to a petition filed by a company official on behalf of
workers of W.H. Stewart, Oklahoma City, Oklahoma. The workers
produced fabricated metal products (e.g.- frames, shelves for
batteries, metal doors and metal components).
The investigation revealed that criterion 222(b)(2) has not
been met.
The petitioner alleged that job losses were due to their
firm losing business as a supplier to a firm that shifted
production abroad or were affected by increased imports. The
investigation revealed, however, that was not the case.
None of the workers of the firms identified were certified
eligible to apply for TAA.
The Department also surveyed the major customers of the
subject firm regarding their purchases of fabricated metal
products during 2002, 2003 and January through April 2004. The
survey revealed that the customer's did not import fabricated
metal products during the relevant period.
Conclusion
After careful review, I determine that all workers covered
by this petition of W.H. Stewart, Oklahoma City, Oklahoma do not
qualify as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section
223(b) of the Trade Act of 1974.

Signed at Washington, D.C., this 2nd day of July 2004.

/s/ Linda G. Poole

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LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance