Denied
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TAW-54007  /  B and W Corporation (Bensenville, IL)

Petitioner Type: Union
Impact Date:
Filed Date: 01/14/2004
Most Recent Update: 02/12/2004
Determination Date: 02/12/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,007

B&W CORPORATION
d/b/a M&M INDUSTRIES
BENSENVILLE, ILLINOIS

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 January 14, 2004 in
response to a petition filed by the Teamster Local 781 on behalf of
workers at B&W Corporation, d/b/a M&M Industries, Bensenville,
Illinois. The workers produced steel filing cabinets.
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 steel filing cabinets during 2002 and 2003, nor did it shift
production abroad during the relevant period.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of steel filing cabinets and
desks in 2002 and 2003. None of the respondents reported reducing
purchases from the subject firm and increasing imports during the
relevant period.

Conclusion
After careful review, I determine that all workers of B&W
Corporation, d/b/a M&M Industries, Bensenville, Illinois are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of February 2004

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