DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,271

DATA INDUSTRIAL CORPORATION
A DIVISION OF BADGER METER, INC.
MATTAPOISETT, MASSACHUSETTS

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 February 17, 2004 in
response to a petition filed by a state agency representative on
behalf of workers of Data Industrial Corporation, a division of
Badger Meter, Inc., Mattapoisett, Massachusetts. The workers at
the subject facility produced impeller fluid flow sensors.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import impeller fluid flow sensors
during the relevant period.
The investigation revealed that production at the subject
facility was shifted to another domestic facility. Although one
part of the production process is now carried out in Mexico,
this process does not account for a significant portion of the
total product, and did not contribute importantly to the
separation of the workers at the subject facility.
Furthermore, there was no decrease in sales of impeller
fluid flow sensors by the subject firm during the relevant
period.
Conclusion
After careful review, I determine that workers of Data
Industrial Corporation, a division of Badger Meter, Inc.,
Mattapoisett, Massachusetts 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 March 2004.

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