Denied
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TAW-59995  /  Bess Manufacturing Co. (Bensalem, PA)

Petitioner Type: Workers
Impact Date:
Filed Date: 09/01/2006
Most Recent Update: 09/28/2006
Determination Date: 09/28/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,995

BESS MFG. COMPANY
BENSALEM, PENNSYLVANIA

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 investigation was initiated on September 1, 2006 in
response to a petition filed on behalf of workers of Bess MFG.
Company, Bensalem, Pennsylvania. The workers at the subject
facilities were engaged in importing and sales of decorative linens
and fabrics.
The subject facility was a site for service-based workers that
worked in supporting roles or took orders for and made verbal
modifications to decorative linens and fabrics, imported those
linens and fabrics, and then sold them to customers.
Bess MFG. Company, Bensalem, Pennsylvania, 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 described above do not support
a firm or appropriate subdivision that produces an article
domestically and thus the worker group cannot 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 of the facts obtained in the
investigation, I determine that all workers of Bess MFG. Company,
Bensalem, Pennsylvania, 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 28th day of September 2006.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance