DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,059

BROWN FOUNDRY, INC.
SWANTON, VERMONT

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 June 17, 2003 in response
to a petition filed by the Vermont Department of Employment and
Training on behalf of workers at Brown Foundry, Inc., Swanton,
Vermont. The workers produce pipe fittings.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm is not importing products like or directly
competitive with products produced at the Swanton, Vermont
facility, nor have they shifted production abroad.
The Department of Labor surveyed the major customer of the
subject firm regarding its purchases of pipe fittings during
2001, 2002 and January through May 2003. The survey revealed
that the customer did not import products like or directly
competitive with those purchased from the subject firm.




Conclusion
After careful review, I determine that all workers of Brown
Foundry, Inc., Swanton, Vermont are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 2nd day of July 2003

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