DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,542

MCGARRY MACHINE, INC.
PORTLAND, OREGON

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on September 1, 2004, in
response to a petition filed by a state workforce representative on
behalf of workers at McGarry Machine, Inc., Portland, Oregon. The
workers at the subject firm produced metal parts and assemblies.
The investigation revealed that sales, production and
employment at the subject firm declined during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of metal parts and
assemblies. The survey revealed increased imports of metal parts
and assemblies by the subject firm's major declining customers
during the period under investigation.
In addition, in accordance with Section 246 of 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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not been
met.
The investigation revealed that the workers possess skills
that are easily transferable to other positions.







Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with metal parts and assemblies
produced at the subject firm contributed importantly to the total
or partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of McGarry Machine, Inc., Portland, Oregon who
became totally or partially separated from employment on or
after August 31, 2003, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974." and
"I further determine that all workers of McGarry Machine,
Inc., Portland, Oregon are denied eligibility for Alternative
Trade Adjustment Assistance under Section 246 of the Trade Act
of 1974."
Signed in Washington, D. C. this 13th day of October, 2004.


/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance