DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,156

SPANG AND COMPANY
CORPORATE HEADQUARTERS
PITTSBURGH, PENNSYLVANIA

TA-W-56,156A

MAGNETICS
A DIVISION OF SPANG AND COMPANY
PITTSBURGH, PENNSYLVANIA

Negative Determinations 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, 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 December 2, 2004, in
response to a petition filed on behalf of workers of Spang and
Company, Corporate Headquarters, Pittsburgh, Pennsylvania (TA-W-
56,156) and Magnetics, a division of Spang and Company,
Pittsburgh, Pennsylvania (TA-W-56,156A). The workers at the
corporate headquarters facility performed services in a variety
of areas including accounting/finance, human resources, customer
service, and information technology. The workers at the
Magnetics facility performed testing and design services in
support of production and new product development.
The investigation revealed that criteria (a)(I)(C) and
(a)(II)(B) have not been met.
The investigation revealed that workers of both facilities
supported production of soft magnetic cores at two affiliated
production facilities, Spang and Company, Magnetics Division,
Booneville, Arkansas, and Spang and Company, Magnetics Division,
East Butler, Pennsylvania.
The Department conducted further investigation to determine
if declines in sales or production and increases in imports of
articles like or directly competitive with the soft magnetic
cores produced by the affiliated facilities contributed
importantly to worker separations at the subject firm.
The investigation revealed that sales and production at one
of the two affiliated facilities increased in 2003 compared to
2002 and increased again during the period of January through
November of 2004 when compared to the same period in 2003. Sales
and production at the other facility increased again during the
period of January through November of 2004 when compared to the
same period in 2003. Production at this facility also increased
in 2003 compared to 2002. Neither of these two facilities has
shifted production to a foreign country or increased imports of
soft magnetic cores.
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 Spang
and Company, Corporate Headquarters, Pittsburgh, Pennsylvania
and Magnetics, a division of Spang and Company, Pittsburgh,
Pennsylvania)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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 14th day of January 2005.


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