DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,422

BENEDICT MANUFACTURING COMPANY
BIG RAPIDS, MICHIGAN

TA-W-57,422A

BENTEK, INC.
REED CITY, MICHIGAN

Determinations Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 June 21, 2005, in
response to a petition filed by a company official on behalf of
workers of Benedict Manufacturing Company, Big Rapids, Michigan
(TA-W-57,422) and Bentek, Inc., Reed City, Michigan (TA-W-
57,422A). The workers produce transportation vehicle parts
(i.e. amc propellers and conveyor products). Benedict
Manufacturing Company and Bentek, Inc. are co-owned.
With respect to workers at Benedict Manufacturing Company,
Big Rapids, Michigan (TA-W-57,422), it is determined that the
requirements of (a)(2)(A) are met.
Sales, production and employment at Benedict Manufacturing
declined in January through May 2005 over the corresponding 2004
period.
The Department of Labor surveyed Benedict Manufacturing's
major declining customers regarding their purchases of
transportation vehicle parts (i.e. amc propellers and conveyor
products) in 2003, 2004, and January through June 2005. The
survey revealed that customers increased foreign purchases
during relevant period.
With respect to workers at Bentek, Inc., Reed City,
Michigan (TA-W-57,422A), it is determined that determined that
criteria (a)(2)(A)(I.B.) and (a)(2)(B)(II.B.) have not been met.
The investigation revealed sales and production at Bentek,
Inc., Reed City, Michigan, increased from 2003 to 2004 and in
January through May 2005 when compared with January through May
2004.
Bentek, Inc. did not shift production of transportation
vehicle parts to a foreign country during the period of this
investigation.
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 group eligibility
requirements of Section 246 of the Trade Act must be met.
The Department has determined in the case of workers of
Benedict Manufacturing Company, Big Rapids, Michigan (TA-W-
57,422), that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
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 of Bentek, Inc., Reed City, Michigan,
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by Benedict
Manufacturing Company, Big Rapids, Michigan, contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Benedict Manufacturing Company, Big Rapids,
Michigan (TA-W-57,422), who became totally or partially
separated from employment on or after June 17, 2004 through
two years from the date of certification are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974;" and
I further determine that all workers of Bentek, Inc., Reed
City, Michigan (TA-W-57,422A), are denied eligibility to apply
for trade 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 26th day of August, 2005


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