Petitioner Type: Company
Impact Date: 11/18/2004
Filed Date: 11/21/2005
Most Recent Update: 12/19/2005
Determination Date: 12/19/2005
Expiration Date: 12/19/2007
Employment and Training Administration
TA-W-58,384
BEKAERT CORPORATION
DYERSBURG, TENNESSEE
Certification 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 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on November 21, 2005 and filed by a company official on
behalf of workers of Bekaert Corporation, Dyersburg, Tennessee.
The workers at the subject firm produce steel cord.
The investigation revealed that production, sales and
employment declined during the period of January through October
2005 over the corresponding 2004 period. The investigation also
revealed that company imports of steel cord increased during 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criteria (2) have not
been met.
The investigation revealed workers at the subject firm posses
skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with steel cord produced by Bekaert
Corporation, Dyersburg, Tennessee, 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 Bekaert Corporation, Dyersburg, Tennessee, who
became totally or partially separated from employment on or
after November 18, 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."
I further determine that all workers of Bekaert Corporation,
Dyersburg, Tennessee are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 19th day of December 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance