DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,480

BODYCOTE THERMAL PROCESSING, INC
A SUBSIDIARY OF THE LINDBERG CORPORATION
RACINE, WISCONSIN

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply
for Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on November 7, 2003, in response to a petition filed on behalf of workers of Bodycote Thermal Processing Inc., a subsidiary of the Lindberg Corporation, Racine, Wisconsin. The workers produce carbonized products.
The investigation revealed sales and employment at the subject firm declined from 2001 to 2002 and also declined from January through August 2003 when compared to the same time period in 2002.
The Department conducted a survey of the subject firm’s major declining customers regarding their purchases of carbonized products during 2001, 2002 and January through September 2003. The survey revealed that customers increased import purchases of carbonized products while reducing purchases from the subject firm.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:

1. Whether a significant number of workers in the workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are not easily transferable.
3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not been met.
The investigation revealed that the workers at the subject firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with carbonized products produced at Bodycote Thermal Processing, Inc., a subsidiary of the Lindberg Corporation, Racine, Wisconsin contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision.
In accordance with the provisions of the Act, I make the following certification:
"All workers of Bodycote Thermal Processing, Inc., a subsidiary of the Lindberg Corporation, Racine, Wisconsin who became totally or partially separated from employment on or after October 31, 2002 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974;” and


I further determine that all workers of Bodycote Thermal Processing, Inc., a subsidiary of the Lindberg Corporation, Racine, Wisconsin are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of December, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance