DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,551

RMC PACIFIC MATERIALS, INC.
A SUBSIDIARY OF CEMEX, INC.
DAVENPORT, CALIFORNIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c)
or (f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the increase in imports
or shift/acquisition must have contributed importantly to
the workers' separation or threat of separation. See
Sections 222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act,
19 U.S.C. §§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms "Supplier" and "Downstream Producer." For the Department
to issue a secondary worker certification under Section 222(c)
of the Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

The investigation was initiated in response to a petition
filed on February 23, 2010 on behalf of workers of RMC Pacific
Materials, Inc., a subsidiary of CEMEX, Inc., Davenport,
California. The workers produce gray Portland cement.
The petitioners claimed that imports of cement from
contributed to worker separations. The investigation included
analysis of data provided by the workers' firm and major
declining customers of the workers' firm, as well as analysis
of aggregate import data.
With respect to Section 222(a) of the Act, the
investigation revealed that criterion II has not been met. The
workers' firm has not increased imports of articles like or
directly competitive with the gray Portland cement produced by
the firm during the relevant period. In addition, the firm
has not shifted production to a foreign country during the
relevant period.
The Department surveyed the firm's major declining
customers regarding purchases of articles like or directly
competitive with gray Portland cement for 2008, 2009, and
during January 2010. The surveys revealed no direct imports
or indirect imports during the relevant period.
In addition, analysis of aggregate trade data revealed
that imports for U.S. consumption for cement declined from
2008 to 2009 and during the period of January through June
2010 when compared to the same period in 2009.
With respect to Section 222(c) of the Act, the
investigation revealed that criterion II has not been met
because the firm is not a supplier or downstream producer to a
firm with a TAA-certified worker group.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers' firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of RMC Pacific
Materials, Inc., a subsidiary of CEMEX, Inc., Davenport,
California, who produce gray Portland cement, are denied
eligibility to apply for adjustment assistance under Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 27th day of August, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance