Petitioner Type: Union
Impact Date:
Filed Date: 06/06/2003
Most Recent Update: 07/23/2003
Determination Date: 07/23/2003
Expiration Date:
Employment and Training Administration
TA-W-51,973
BRIGGS & STRATTON CORPORATION
DIE CAST COMPONENTS DIVISION
WAUWATOSA, 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
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 June 6, 2003 in response to
a petition filed by Paper. Allied-Industrial, Chemical and Energy
Workers International Union (PACE), Local 7-232 on behalf of
workers at Briggs & Stratton Corporation, Die Cast Components
Division, Wauwatosa, Wisconsin.
The workers at the subject firm produced die cast components.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import die castings from 2001 to 2002 or during the period of
January through June 2003 compared to the same period in 2002.
Furthermore, the investigation revealed that the subject firm
did not shift production of die cast components abroad during the
relevant period.
The investigation further revealed that the subject firm's
major customers were located in Canada. The company supplied a
list of major domestic customers. Those customers increased their
purchases from the subject from 2001 to 2002 and from the January
through June 2003 period over corresponding 2002 period.
Conclusion
After careful review, I determine that all workers of Briggs &
Stratton Corporation, Die Cast Components Division, Wauwatosa,
Wisconsin are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of July, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance