DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,354

FLAMBEAU, INC.
BARABOO BLOW MOLDING DIVISION
BARABOO, WISCONSIN

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 January 19, 2005 in
response to a petition filed on behalf of workers at Flambeau,
Inc., Baraboo Blow Molding Division, Baraboo, Wisconsin. The
workers produced plastic blow mold products for the automotive and
other industries.
The investigation revealed that criteria I.B. and II.C. are
not met.
Sales and production at the subject firm increased in the year
ending November, 2004 compared with the same period of the previous
year.
Petitioners allege that job losses were due to their firm
shifting production to a foreign country. The investigation
revealed, however, that was not the case. The subject firm has not
shifted production abroad, nor does it import like or directly
competitive products. In 2004 some production work at the Baraboo
plant was shifted to another affiliated plant but that plant is
located in the United States.
Petitioners also allege a major customer is sourcing abroad
products formerly manufactured at the subject plant. The
investigation revealed, however, that those products were not
manufactured by the subject firm in the relevant period covering
the one year prior to the date of the petition.
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
Flambeau, Inc., Baraboo Blow Molding Division, Baraboo, Wisconsin
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
Signed in Washington, D.C., this 2nd day of March 2005.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance