DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,833

BROOKS-PRI AUTOMATION, INC.
INCLUDING LEASED WORKERS OF DAVIS COMPANIES and FOOTBRIDGE
CHELMSFORD, MASSACHUSETTS

Negative Determination 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 20, 2004 in
response to a petition filed by an agent of the State of
Massachusetts on behalf of workers at Brooks-Pri Automation, Inc.,
Chelmsford, Massachusetts. The worker group also includes workers
leased from Davis Companies and Footbridge. The workers are
engaged in the production of robotic equipment for semi-conductor
manufacturing, specifically the turbostocker, turbostocker XT and
aeroloader. A major portion of sales are to the export market.
The investigation revealed that criteria I.C. and II.C. have
not been met.
The investigation revealed that the subject firm did not
import turbostockers, turbostockers XT or aeroloaders during the
period of the investigation. The subject firm shifted production of
turbostockers abroad, but not to a country with a free trade
agreement or a beneficiary country with the United States. It is
also not anticipated that the product will come back to the United
States for sale.
Customers located abroad accounted for the major portion of
company sales declines in 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 Brooks-
Pri Automation, Inc., Chelmsford, Massachusetts, including leased
workers of Davis Companies and Footbridge, 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 under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 30th day of November 2004.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance