DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,892

BARNES AEROSPACE
CERAMICS DIVISION
WINDSOR, CONNECTICUT

Notice of Negative Determination
on Reconsideration

On July 11, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on July 21, 2008 (73 FR 42368).
The initial investigation resulted in a negative
determination based on the finding that imports of multi-layer
ceramic green sheet did not contribute importantly to worker
separations at the subject firm and no shift of production to a
foreign source occurred.
In the request for reconsideration the petitioner alleged
that business at the subject firm declined because the subject
firm’s major customer is importing or will be importing like or
directly competitive products. In particular, the petitioner
stated that the customer is changing its purchases from a ceramic
based substrate to a plastic based substrate.
On reconsideration the Department of Labor surveyed this
declining customer regarding its purchases of like or directly
competitive products with multi-layer ceramic green sheet during
2006, 2007, and January through February 2008 over the
corresponding 2007 period. The survey revealed that the customer
did not import like or directly competitive products with multi-
layer ceramic green sheet during the relevant period.
The petitioner also stated that there was a shift in
production of multi-layer ceramic green sheet to Taiwan.
The fact that the subject firm’s customers are shifting
their production abroad is not relevant to this investigation.
According to section (a)(2)(B) of the Trade Act, in order to be
eligible for TAA on the basis of a shift in production abroad,
the shift in production must be implemented by the subject firm
or its subdivision.
In this case, the subject firm did not import multi-layer
ceramic green sheet nor was there a shift in production from
subject firm abroad during the relevant period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Barnes
Aerospace, Ceramics Division, Windsor, Connecticut
Signed at Washington, D.C. this 14th day of August, 2008.

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,892
BARNES AEROSPACE
CERAMICS DIVISION
WINDSOR, CONNECTICUT

TA-W-62,982A
BARNES AEROSPACE
WINDSOR DIVISION
WINDSOR, CONNECTICUT

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 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:
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;
1. 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
2. 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 February 25, 2008 in
response to a petition filed by a state agency representative on
behalf of workers at two divisions of Barnes Aerospace, namely the
Ceramics Division (TA-W-62,892), and the Windsor Division (TA-W-
62,892A), both located in Windsor, Connecticut. Workers at the
Ceramics Division produce multi-layer ceramic green-sheet while
workers at the Windsor Division produce jet engine components. The
workers are separately identifiable by location.
With respect to workers of Barnes Aerospace, Ceramics
Division, Windsor, Connecticut, it is determined that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
The subject firm did not shift production of multi-layer
ceramic green-sheet to a foreign country, nor did it import like or
competitive products in 2006, 2007, or January through February
2008.
The Department of Labor surveyed the division’s major
declining customer regarding its purchases of multi-layer ceramic
green-sheet during the period under investigation. The survey
revealed that the customer did not directly or indirectly import
the above article.
With respect to workers of Barnes Aerospace, Windsor Division,
Windsor, Connecticut, it is determined that criteria (a)(2)(A)(I.A)
and (a)(2)(B)(II.A) have not been met.
The investigation revealed that employment in the division
increased between 2006 and 2007. There is no future threat of
separations.
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 groups 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 Barnes Aerospace,
Ceramics Division (TA-W-62,892), and the Windsor Division (TA-W-
62,892A), both located in Windsor, Connecticut, 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 10th day of June 2008


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



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