DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,574

ALBANY INTERNATIONAL RESEARCH COMPANY
MANSFIELD, MASSACHUSETTS

Notice of Negative Determination
Regarding Application for Reconsideration

By application postmarked September 30, 2008, a company
official requested administrative reconsideration of the
Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial
notice was signed on August 18, 2008 and published in the Federal
Register on September 3, 2008 (73 FR 51530).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative TAA determination issued by the Department for
workers of Albany International Research Company, Mansfield,
Massachusetts was based on the finding that imports of prototype
fabrics did not contribute importantly to worker separations at
the subject plant and there was no shift of production to a
foreign country during the relevant period. The “contributed
importantly” test is generally demonstrated through a survey of
the workers’ firm’s declining domestic customers. In this
instance, the subject firm did not sell prototype fabrics to
outside domestic customers, thus a survey was not conducted. The
subject firm did not import prototype fabrics into the United
States during the relevant period.
In the request for reconsideration the petitioner states
that employment at the subject facility will be negatively
impacted by a shift in a portion of Research and Development work
to England. According to the company official, the shift will be
taking place on December 31, 2008.
When assessing eligibility for TAA, the Department
exclusively considers import impact during the relevant time
period (one year prior to the date of the petition). Events
occurring on December 31, 2008 are outside of the relevant time
period as established by the petition date of June 19, 2008, and
thus cannot be considered in this investigation.
Should conditions change in the future, the company is
encouraged to file a new petition on behalf of the worker group
which will encompass an investigative period that will include
these changing conditions.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed in Washington, D.C., this 22nd day of October 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-63,574

ALBANY INTERNATIONAL RESEARCH COMPANY
MANSFIELD, MASSACHUSETTS


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 June 20, 2008, in response
to a petition filed by a State Agency Representative on behalf of
workers of Albany International Research Corporation, Mansfield,
Massachusetts. The workers produce prototype fabrics.
The investigation revealed that I.C and II.B have not been
met.
There are no imports of prototype fabrics that have
contributed importantly to worker separations. Worker separations
have not yet occurred at this facility.
A production shift to a foreign source has not yet occurred
nor is one imminent.

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 assis-
tance (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 Albany
International Research Company, Mansfield, Massachusetts 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 18th day of August 2008


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







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