Denied
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TAW-62098  /  Besser Company (Alpena, MI)

Petitioner Type: Union
Impact Date:
Filed Date: 09/05/2007
Most Recent Update: 12/06/2007
Determination Date: 12/06/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,098

BESSER COMPANY
ALPENA, MICHIGAN

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 September 5, 2007 in
response to a petition filed by the United Steelworkers of America,
Local 209, on behalf of workers of Besser Company, Alpena,
Michigan. The workers produce concrete manufacturing equipment.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that there were no significant
company imports of concrete manufacturing equipment like that
produced at the Alpena plant, nor was there a shift in production
to a foreign country of products manufactured in Alpena during the
period under investigation. Production at foreign company owned
facilities fills a different market niche than the production at
the Alpena plant and foreign production does not affect sales or
production at the Alpena facility. U.S. and foreign products are
more complementary than competitive.
The Department of Labor surveyed the subject firm's major
customers regarding purchases of concrete manufacturing machinery
in 2005, 2006, and January through August 2007. The survey
revealed no increased import purchases accompanied by reduced
purchases from Besser Company in the relevant time period when the
subject firm had declining employment and sales.
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 Besser
Company, Alpena, Michigan 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 6th day of December, 2007

/s/Richard Church
___________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance