Petitioner Type: Workers
Impact Date:
Filed Date: 05/02/2007
Most Recent Update: 06/14/2007
Determination Date: 06/14/2007
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,429
BURNS BEST, INC.
SPOONER, WISCONSIN
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Burns
Best, Inc., Spooner, Wisconsin. The application did not contain
new information supporting a conclusion that the determination
was erroneous, and also did not provide a justification for
reconsideration of the determination that was based on either
mistaken facts or a misinterpretation of facts or of the law.
Therefore, dismissal of the application was issued.
TA-W-61,429; Burns Best, Inc.
Spooner, Wisconsin (August 10, 2007)
Signed at Washington, D.C. this 13 day of August 2007.
/s/ Ralph DiBattista
RALPH DIBATTISTA
Director, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,429
BURNS BEST, INC.
SPOONER, 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 May 2, 2007 in response to a
petition filed on behalf of workers at Burns Best, Inc., Spooner,
Wisconsin. The workers produced, imported and distributed wood and corn
burning stoves.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm operated as both a producer and an importer. Sales
remained constant in 2005-2006. Production at the subject firm began in
2006 and continued into early 2007. Imports at the subject firm declined
as the firm’s import contract expired in January of 2007 and was not
renewed.
Without the additional revenue from its import business, the firm
could not continue to support employment and shut down in March of 2007.
Thus separations at the firm cannot be attributed to increased imports
or a shift of production abroad.
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 Burns Best, Inc., Spooner, 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 14th day of June 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-61,429
BURNS BEST, INC.
SPOONER, WISCONSIN
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Burns
Best, Inc., Spooner, Wisconsin. The application did not contain
new information supporting a conclusion that the determination
was erroneous, and also did not provide a justification for
reconsideration of the determination that was based on either
mistaken facts or a misinterpretation of facts or of the law.
Therefore, dismissal of the application was issued.
TA-W-61,429; Burns Best, Inc.
Spooner, Wisconsin (August 10, 2007)
Signed at Washington, D.C. this 13 day of August 2007.
/s/ Ralph DiBattista
RALPH DIBATTISTA
Director, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,429
BURNS BEST, INC.
SPOONER, 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 May 2, 2007 in response to a
petition filed on behalf of workers at Burns Best, Inc., Spooner,
Wisconsin. The workers produced, imported and distributed wood and corn
burning stoves.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm operated as both a producer and an importer. Sales
remained constant in 2005-2006. Production at the subject firm began in
2006 and continued into early 2007. Imports at the subject firm declined
as the firm’s import contract expired in January of 2007 and was not
renewed.
Without the additional revenue from its import business, the firm
could not continue to support employment and shut down in March of 2007.
Thus separations at the firm cannot be attributed to increased imports
or a shift of production abroad.
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 Burns Best, Inc., Spooner, 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 14th day of June 2007
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance