DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-50,330

BARDON RUBBER COMPANY, INC.
UNION GROVE, WISCONSIN

Notice of Revised Determination

By letter dated March 31, 2003, the International Union,
United Automobile, Aerospace & Agricultural Implement Workers of
America-UAW, 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 issued on February 10, 2003. The Department
initially denied TAA to workers of Bardon Rubber Company, Inc.,
Union Grove, Wisconsin producing rubber products (such as “O”
rings, gaskets, and seals) because the "contributed importantly"
group eligibility requirement of Section 222 of the Trade Act of
1974, as amended, was not met. The notice was published in the
Federal Register on March 26, 2003 (68 FR 14708).
In the request for reconsideration, the union indicated that
the subject firm should be considered on the basis of secondary
upstream supplier impact, and provided the names of customers
that were under existing trade certifications. Upon further
review, it was revealed that the Department erred in its initial
investigation, as secondary impact was indicated on the petition.
Having conducted an investigation of subject firm workers on
the basis of secondary impact, it was revealed that Bardon Rubber
Company, Inc., Union Grove, Wisconsin supplies component parts
for clamps, valves and pump products, and at least 20 percent of
its production or sales is supplied to a manufacturer whose
workers were certified eligible to apply for adjustment
assistance.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bardon Rubber Company,
Inc., Union Grove, Wisconsin qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Bardon Rubber Company, Inc., Union Grove,
Wisconsin who became totally or partially separated from
employment on or after December 11, 2001 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed at Washington, D.C., this 11th day of July 2003

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,330

BARDON RUBBER COMPANY, INC.
UNION GROVE, WISCONSIN

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,
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 12, 2002, in
response to a petition filed by the United Auto Workers on behalf
of workers of Bardon Rubber Company, Inc., Union Grove, Wisconsin.
The workers produced rubber products such as “O” rings, gaskets,
and seals.
The investigation revealed that Criteria I.C. and II.B. are
not met.
The subject firm did not import rubber products nor did it
shift production abroad.
The U.S. Department of Labor surveyed major customers of the
subject firm regarding their purchase of rubber products for the
year 2000 through October 2002. The survey revealed that
respondents do not, directly or indirectly, import rubber products
like or directly competitive with those produced by the subject
firm.
Conclusion
After careful review, I determine that all workers of Bardon
Rubber Company, Inc., Union Grove, Wisconsin, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 10th day of February 2003

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