DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,358

B.P.B. MANUFACTURING
PITTSTON PLANT DIVISION
PITTSTON, PENNSYLVANIA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 October 27, 2003, in
response to a petition filed by the Paper, Allied-Industrial,
Chemical & Energy Workers International Union; Local 2-0672 on
behalf of workers of B.P.B. Manufacturing, Pittston Plant
Division, Pittston, Pennsylvania. The workers produce ceiling
tiles.
The investigation revealed that criteria (a)(2)(A)(I.C.)
and (a)(2)(B)(II.B.) have not been met.
The investigation revealed employment at the subject firm
declined from 2001 to 2002 and also sales and employment
declined from January through September 2003 when compared to
the same time in 2002.
The investigation also revealed that the subject firm
neither imported ceiling tiles from another country nor did the
subject firm shift the production of ceiling tiles to a country
that is part of a free trade agreement with the United States
from 2001 to 2002 and also from January through September 2003
when compared to the same time in 2002.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of ceiling tiles
from the subject firm. The subject firm's major declining
customers reported no imports during the period under
investigation.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
B.P.B. Manufacturing, Pittston Plant Division, Pittston,
Pennsylvania are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 19th day of November 2003.



/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance