DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,473

BRIGGS PLUMBING PRODUCTS, INC.
FLORA, INDIANA

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 May 26, 2006, in
response to a petition filed by a company official on behalf of
workers of Briggs Plumbing Products, Inc., Flora, Indiana. The
worker(s) were engaged in organizing, cleaning the facility and
shipping machines previously used to manufacture the products at
the subject plant.
The investigation revealed that criteria (I.A) and (II.A)
have not been met.
In order to meet the employment criteria, there must be at
least three full-time workers employed at some point during the
period under investigation. Workers of the group subject to
this investigation did not meet the threshold of employment.
The investigation also revealed the subject firm was
previously certified for trade adjustment assistance (TA-W-
52,953) which expired on October 9, 2005. The subject plant
ceased production of plumbing ware during June 2004.
The investigation further revealed that Briggs Plumbing
Products, Inc., Flora, Indiana, does not produce an article
within the meaning of Section 222(a) (2) of the Act. In order
to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group
seeking certification (or on whose behalf certification is being
sought) must work for a "firm" or appropriate subdivision that
produces an article and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. The workers do not support a firm or
appropriate subdivision that produces an article domestically
and thus the worker group can not be considered import impacted
or affected by a shift in production of an article.
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, I determine that all workers of
Briggs Plumbing Products, Inc., Flora, Indiana 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 15th day of June, 2006.


/s/Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance