DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,174
BERRY FLOOR, USA
RACINE, WISCONSIN

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 investigation was initiated on February 9, 2009, in response to
a petition filed by a company official on behalf of workers of Berry
Floor, USA, Racine, Wisconsin. The workers perform product sales,
accounting, customer service, and warehousing related to products
manufactured abroad.
The investigation revealed that Berry Floor, USA, does not produce
an article within the meaning of Section 222(a)(2) of the Act. In order
to be considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought) must
work for a "firm" or appropriate subdivision that produces an article
and there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate subdivision. The
sales and distribution workers do not support a firm or appropriate
subdivision that produces an article domestically and thus the worker
group cannot be considered import impacted or affected by a shift in
production of an article.
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 Berry Floor USA, Racine, 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 4th day of March 2009


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