DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,896

BEVERAGE AIR
SUBSIDIARY OF CARRIER COMMERCIAL REFRIGERATION
ROBERTSON PLANT
CHEST-TYPE REFRIGERATION AND FREEZER UNIT PRODUCTION
HONEA PATH, SOUTH CAROLINA

TA-W-56,896A

BEVERAGE AIR
SUBSIDIARY OF CARRIER COMMERCIAL REFRIGERATION
ROBERTSON PLANT
UPRIGHT REFRIGERATION AND FREEZER UNIT PRODUCTION
HONEA PATH, SOUTH CAROLINA

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
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 April 7, 2005 in response
to a petition filed on behalf of workers at Beverage Air,
subsidiary of Carrier Commercial Refrigeration, Robertson Plant,
Chest-Type Refrigeration and Freezer Unit Production, Honea Path,
South Carolina (TA-W-56,896) and Beverage Air, subsidiary of
Carrier Commercial Refrigeration, Robertson Plant, Upright
Refrigeration and Freezer Unit Production, Honea Path, South
Carolina (TA-W-56,896A).
Workers at the Robertson Plant, Chest-Type Refrigeration and
Freezer Unit Production, Honea Path, South Carolina (TA-W-56,896)
produced chest-type refrigeration equipment. Workers at the
Robertson Plant, Upright Refrigeration and Freezer Unit Production,
Honea Path, South Carolina (TA-W-56,896A) produced upright
refrigeration equipment.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that Beverage Air, subsidiary of
Carrier Commercial Refrigeration, Robertson Plant, Chest-Type
Refrigeration and Freezer Unit Production, Honea Path, South
Carolina (TA-W-56,896) did not import chest-type refrigeration
equipment in 2003, 2004 and during the January through March 2005
period, nor did they shift production to a foreign country during
the relevant period. Furthermore, the investigation revealed that
Beverage Air, subsidiary of Carrier Commercial Refrigeration,
Robertson Plant, Upright Refrigeration and Freezer Unit Production,
Honea Path, South Carolina (TA-W-56,896A) did not import upright
refrigeration equipment in 2003, 2004 and during the January
through March 2005 period, nor did they shift production to a
foreign country during the relevant period.
Furthermore, sales and production increased from 2003 to 2004.
Declines in sales and production of both lines during January
through March 2005 are attributed to a preparation for the sale of
Beverage Air, subsidiary of Carrier Commercial Refrigeration,
Chest-Type Refrigeration and Freezer Unit Production, Honea Path,
South Carolina (TA-W-56,896) and the shift of Beverage Air,
subsidiary of Carrier Commercial Refrigeration, Upright
Refrigeration and Freezer Unit Production, Honea Path, South
Carolina (TA-W-56,896A) to an affiliated domestic location.
Therefore, the Department did not conduct a customer survey.
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 of the facts obtained in this
investigation, I determine that all workers of Carrier Commercial
Refrigeration, Robertson Plant, Chest-Type Refrigeration and
Freezer Unit Production, Honea Path, South Carolina (TA-W-56,896)
and Beverage Air, subsidiary of Carrier Commercial Refrigeration,
Robertson Plant, Upright Refrigeration and Freezer Unit Production,
Honea Path, South Carolina (TA-W-56,896A) are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 19th day of May 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance