DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,148

FAG INTERAMERICANA, AG
A SUBSIDIARY OF FAG HOLDING CORPORATION
MIAMI, FLORIDA

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 June 28, 2004, in response
to a petition filed on behalf of workers of FAG Holding
Corporation, Miami, Florida. The workers at the Miami site were
engaged in sales, marketing, and customer service functions related
primarily to company exports of products to Central and South
America.
The investigation revealed that criteria (I.C.) and (II.B.)
have not been met.
The investigation revealed that the subject company's offices
in Miami were not devoted to production but were used to facilitate
the company's distribution of products to Central and South
America. Separations at the subject facility were directly
attributable to a shift of these services to Brazil, not to imports
into the United States of products like or competitive with those
manufactured by affiliated facilities of the subject firm.
Conclusion
After careful review, I determine that all workers of FAG
Interamericana, AG, a subsidiary of FAG Holding Corporation,
Miami, Florida are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 14th day of July 2004.

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