Denied
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TAW-55473  /  Beaird Industries (Shreveport, LA)

Petitioner Type: Workers
Impact Date:
Filed Date: 08/19/2004
Most Recent Update: 10/13/2004
Determination Date: 10/13/2004
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,473

BEAIRD INDUSTRIES, INC.
SHREVEPORT, LOUISIANA

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 August 19, 2004 in response
to a petition filed on behalf of workers of Beaird Industries,
Inc., Shreveport, Louisiana. The workers at the subject firm
produced wind towers, pressure vessels, marine and land
evaporators, and other steel fabrications. Workers were not
separately identifiable by product line.
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 any wind towers, pressure vessels, marine and land
evaporators, or other steel fabrications from 2002 to 2003, or
during the period of January through July 2004.
Furthermore, the subject firm did not shift its production of
wind towers, pressure vessels, marine and land evaporators, or
other steel fabrications to any foreign country during the period
under investigation.
The U.S. Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of wind towers,
pressure vessels, marine and land evaporators, or other steel
fabrications during 2002, 2003, and January through August 2004.
The survey revealed none of the customers increased their imports
while decreasing their purchases from the subject firm during the
relevant period.
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 Beaird
Industries, Inc., Shreveport, Louisiana 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 adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 13th day of October, 2004.



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