DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,065

RIVER VALLEY CONTRACT MANUFACTURING, INC.
MENIFEE, ARKANSAS

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 November 22, 2004 in
response to a petition filed by a state workforce agent on behalf
of workers at River Valley Contract Manufacturing, Inc., Menifee,
Arkansas. The workers are engaged in assembling terminals to wire
connections, sleeving and switching; they are not separately
identifiable by product.
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 assembled terminals to wire connections, sleeving and
switching during 2002, 2003, or January through October of 2004,
nor did it shift production abroad during the relevant period.

The Department of Labor conducted a survey of the subject
firm's sole customer regarding its purchases of assembled terminals
to wire connections, sleeving and switching during 2002, 2003 and
January through October of 2004. Results of the survey indicated
no imports.
The subject firm was sub-contracted by a firm that
manufactured assemblies as a sub-contractor for many companies.
These end products are not like or directly competitive with
articles produced at 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 River
Valley Contract Manufacturing, Inc., Menifee, Arkansas 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 7th day of December, 2004.

/s/ Linda G. Pooole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance