TAW-60565 / Briggs and Stratton Power Products Group, LLC (Jefferson, WI)
Petitioner Type: Workers
Impact Date:
Filed Date: 12/08/2006
Most Recent Update: 02/08/2007
Determination Date: 02/08/2007
Expiration Date:
Employment and Training Administration
TA-W-60,565
BRIGGS & STRATTON POWER PRODUCTS GROUP, LLC
HOME POWER PRODUCTS DIVISION
JEFFERSON, WISCONSIN
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 December 8, 2006 in
response to a petition filed by workers of Briggs & Stratton Power
Products Group, LLC, Home Power Products Division, Jefferson,
Wisconsin. The workers produce pressure washers and generators,
including their component parts. The workers are not separately
identifiable by product.
This investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject facility did not shift production to a foreign
country in 2004, 2005, or July through November 2006. Subject firm
imports of pressure washers, generators, and their component parts
in those periods were not significant.
Sales and production at the subject firm increased in fiscal
year 2005 compared with fiscal 2004.
The Department of Labor surveyed the subject facility's major
declining customers regarding purchases of pressure washers,
generators, and their component parts in 2004, 2005, and January
through November 2006. The survey revealed that customer imports
of these articles did not reach a significant level at any point,
and declined in 2006 compared with 2005.
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 Briggs & Stratton
Power Products Group, LLC, Home Power Products Division, Jefferson,
Wisconsin 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 8th day of February 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance