Denied
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TAW-60806A  /  Berwick Offray LLC (Bloomsburg, PA)

Petitioner Type: Workers
Impact Date:
Filed Date: 01/22/2007
Most Recent Update: 02/26/2007
Determination Date: 02/26/2007
Expiration Date:

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,806

BERWICK OFFRAY LLC
BERWICK DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ONESOURCE STAFFING
BERWICK, PENNSYLVANIA

TA-W-60,806A

BERWICK OFFRAY LLC
SOUTH CENTRE
BLOOMSBURG, PENNSYLVANIA

Determinations 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, 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 January 22, 2007 in
response to a petition filed on behalf of workers of Berwick Offray
LLC, Berwick Division, Berwick Pennsylvania (TA-W-60,806). Workers
at the subject firm produce ribbons and bows.
The subject firm also leases some workers from Onesource
Staffing.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based on increased company imports
of extruded decorative ribbons and bows, under petition number TA-
W-55,007, which expired on July 7, 2006.
At the request of a company official, the petition
investigation was expanded to include workers engaged in employment
related to the production of ribbons and bows at Berwick Offray,
South Centre, Bloomsburg, Pennsylvania (TA-W-60,806A).
With respect to workers at Berwick Offray LLC, Berwick
Division, Berwick Pennsylvania (TA-W-60,806), it is determined that
the requirements of (a)(2)(A) are met.
The investigation revealed that employment at the Berwick
Offray LLC, Berwick Division, Berwick Pennsylvania (TA-W-60,806)
decreased after December 30, 2006.
The investigation revealed that the Berwick Offray LLC,
Berwick Division, Berwick Pennsylvania (TA-W-60,806) shifted some
of its production of ribbons and/or bows from Berwick, Pennsylvania
to China and Hong Kong.
Moreover, the investigation revealed that company imports of
ribbons and/or bows increased from fiscal year 2006 to fiscal year
2007.
With respect to workers at Berwick Offray, South Centre,
Bloomsburg, Pennsylvania (TA-W-60,806A), it is determined that
criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) have not been met.
The investigation revealed that the Berwick Offray, South
Centre, Bloomsburg, Pennsylvania (TA-W-60,806A) did not separate or
threaten to separate a significant number or proportion of workers
as required by Section 222 of the Trade Act of 1974. Significant
number or proportion of the workers in a firm or appropriate
subdivision thereof, means that at least three workers with a
workforce of fewer than 50 workers or five percent of the workers
with a workforce of 50 or more.
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 criterion 2 has not been
met.
The investigation revealed that workers at Berwick Offray LLC,
Berwick Division, Berwick Pennsylvania (TA-W-60,806) do possess
skills that are easily transferable.
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 of Berwick Offray, South Centre, Bloomsburg, Pennsylvania
(TA-W-60,806A) 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 that there was a shift in
production from the Berwick Offray LLC, Berwick Division, Berwick
Pennsylvania (TA-W-60,806) to a foreign country of articles that
are like or directly competitive with those produced by the Berwick
Offray LLC, Berwick Division, Berwick Pennsylvania (TA-W-60,806),
and there has been or is likely to be an increase in imports of
like or directly competitive articles. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Berwick Offray LLC, Berwick Division, Berwick
Pennsylvania, including on-site leased workers from Onesource
Staffing (TA-W-60,806), who became totally or partially
separated from employment on or after July 8, 2006 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
I further determine that all workers of Berwick Offray LLC,
Berwick Division, Berwick Pennsylvania, including on-site leased
workers from Onesource Staffing (TA-W-60,806) are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.



Additionally, after careful review of the facts obtained
during this investigation, I determine that workers of Berwick
Offray, South Centre, Bloomsburg, Pennsylvania (TA-W-60,806A), are
denied eligibility to apply for trade 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 26th day of February 2007

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance