DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,044

MIDWEST AIR TECHNOLOGIES
INCLUDING ON SITE LEASED WORKERS OF PENMAC AND MANPOWER
MOUNTAIN GROVE, MISSOURI

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. 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 September 29, 2005 in
response to a petition filed on behalf of workers of Midwest Air
Technologies, Mountain Grove, Missouri. The workers at the
subject facility produce wood arbors, wood trellises, and chain
link fencing.
The investigation revealed that criteria (a)(2)(A)(I.B),
and (a)(2)(B)(II.B) have not been met.
The investigation revealed that sales and production of
wood arbors, wood trellises, and chain link fencing at the
subject facility increased from 2003 to 2004 and again in the
time period of January to August 2005 when compared to the
corresponding time period the previous year.
The investigation revealed that the subject facility has
not shifted the production of wood arbors, wood trellises, and
chain link fencing to any foreign country, nor has it imported
wood arbors, wood trellises, and/or chain link fencing from
foreign countries. The investigation revealed that the subject
facility's parent company has decided to get out of the wood
arbor and wood trellis business and has moved the chain link
fence business from the subject facility to another domestic
facility.
Conclusion
After careful review of facts obtained in the
investigation, I determine that all workers of Midwest Air
Technologies, Mountain Grove, Missouri are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 15th day of November 2005

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance