DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,234

BiPHASE TECHNOLOGIES, LLC
LAKE LILLIAN, MINNESOTA

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. 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 December 3, 2002 in
response to a petition filed on behalf of workers at BiPhase
Technologies, LLC, Lake Lillian, Minnesota. The workers pro-
duced liquid propane injection systems and were not separately
identifiable by product line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of liquid propane injection systems, nor was there a
shift in production of liquid propane injection systems from the
Lake Lillian, Minnesota plant to a foreign country during the
period under investigation. Furthermore, the investigation re-
vealed that the liquid propane injection systems that were
produced at the Lake Lillian plant were transferred domestically
to a BiPhase Technologies plant in Eagan, Minnesota.
Conclusion
After careful review, I determine that workers producing
liquid propane injection systems at BiPhase Technologies, LLC,
Lake Lillian, Minnesota, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended.
Signed at Washington, D.C., this 4th day of February 2003.

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