DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,854

METTLER-TOLEDO, INC.
SPARTANBURG PRODUCT ORGANIZATION
INMAN, SOUTH CAROLINA

Notice of Revised Determination
on Reconsideration

By letter dated May 2, 2005 a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on April 18, 2005 was based on the finding
that the worker group does not produce an article within the
meaning of Section 222 of the Trade Act of 1974. The denial
notice was published in the Federal Register on May 16, 2005 (70
FR 25860).
The petitioner provided additional information relating to
products manufactured at the subject facility.
New information provided by the company illustrates that the
workers of the subject firm were engaged in production of
engineering models and customer prototypes during the relevant
period. Workers are not separately identifiable by production
line. The investigation also revealed that sales, production and
employment declined during the relevant period. The investigation
further revealed that company imports of models and customer
prototypes increased from 2003 to 2004 and during the period of
January through March of 2005 when compared to the same period in
2004.
The workers of Mettler-Toledo, Inc., Spartanburg Product
Organization, Inman, South Carolina were under an existing Trade
Adjustment Assistance (TAA) certification (TA-W-51,640) which
expired on April 25, 2005.
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.
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 (1) has not
been met. The investigation revealed that a not significant
number of workers in workers’ firm are 50 years of age or older.


Conclusion
After careful review of the initial investigation, I
conclude that increased imports of articles like or directly
competitive with those produced at Mettler-Toledo, Inc.,
Spartanburg Product Organization, Inman, South Carolina,
contributed importantly to the declines in sales or production
and to the total or partial separation of workers at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Mettler-Toledo, Inc., Spartanburg Product
Organization, Inman, South Carolina, who became totally or
partially separated from employment on or after April 26,
2005 through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are denied
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."

Signed in Washington, D.C. this 8th day of June, 2005


/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-56,854

METTLER-TOLEDO, INC.
SPARTANBURG PRODUCT ORGANIZATION
INMAN, SOUTH CAROLINA

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 investigation was initiated on March 30, 2005 in response
to a petition filed by a company official on behalf of workers of
Miller-Toledo, Inc., Spartanburg Product Organization, Inman, South
Carolina. The workers were engaged in engineering and marketing
activities.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, that production did not occur
within one year prior to the date of the petition. Therefore, the
engineering, marketing and support worker group described above
does not support this production. Thus the worker group can not be
considered import impacted or affected by a shift in production of
an article.
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 Miller-
Toledo, Inc., Spartanburg Product Organization, Inman, South Caro-
lina 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
(ATAA) under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 18th day of April, 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance