DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,496

KBA NORTH AMERICA INC.
WEB PRESS DIVISION
INCLUDING LEASED WORKERS OF FRANK ELECTRIC CORPORATION
YORK, PENNSYLVANIA

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 February 4, 2005 in
response to a petition filed on the same date by the United
Steelworkers of America, District 10, on behalf of workers of KBA
North America Inc., Web Press Division, including leased workers at
Franklin Electric Corporation, York, Pennsylvania. The workers
produce flexographic newspaper printing presses.
Workers of KBA North America, Inc., York, Pennsylvania were
certified eligible to apply for adjustment assistance on April 29,
2002 (TA-W-40,946). The certification expired on April 29, 2004.
This investigation revealed that criteria I.B and II.B are not
met.
Subject plant sales and production increased in 2004 compared
to 2003.
The petitioner alleges that job losses were due to the shift
in production of printing presses, newspaper presses, folders and
printing reels to Germany and to company imports of these products.
The investigation revealed, however, that the transfer of
production took place more than one year prior to the date of the
petition. The subject firm discontinued its production of
components of offset printing presses (e.g. folders, reels and
rolls) at the York plant in 2002 and transferred production abroad
in 2003. Although the company now imports offset printing press
components, those products have not been manufactured at the York
plant for more than one year.
As indicated, the company is now producing flexographic
newspaper printing presses at the subject plant. There has not
been a shift of production abroad of that product from the subject
facility to a foreign facility 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 assis-
tance (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 KBA
North America Inc., Web Press Division, including leased workers
at Franklin Electric Corporation, York, Pennsylvania 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 18th day of March 2005.

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