Certified
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TAW-59428  /  A.W. Bohanan Company (Dallas, NC)

Petitioner Type: Workers
Impact Date: 05/17/2005
Filed Date: 05/19/2006
Most Recent Update: 06/29/2006
Determination Date: 06/29/2006
Expiration Date: 06/29/2008

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,428

A.W. BOHANAN COMPANY, INC.
DALLAS, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, 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 May 19, 2006 and filed on behalf of workers at A.W.
Bohanan Company, Inc., Dallas, North Carolina. The workers
produced capsule filling machines and machine parts. The workers
are not separately identifiable by product.
The investigation revealed that plant sales, production and
employment declined during the relevant period.
The Department of Labor conducted a sample survey of the
subject firm's major declining customers regarding their
purchases of capsule filling machines and machine parts during
2005 over the corresponding 2004 period and during January
through June 2006 over the corresponding 2005 period. The survey
revealed customers increased their reliance on imported capsule
filling machine and machine parts during the relevant period.
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 addition, 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 this case that the
requirements of Section 246 have been met.
A significant number of workers at the subject facility are
age 50 or older and do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with capsule filling machines and
machine parts produced at A.W. Bohanan Company, Inc., Dallas,
North Carolina 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 A.W. Bohanan Company, Inc., Dallas, North
Carolina who became totally or partially separated from
employment on or after May 17, 2005 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."
Signed in Washington, D. C. this 29th day of June, 2006.


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