DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,882

BELCHER-ROBINSON FOUNDRY
ALEXANDER CITY, ALABAMA

Notice of Revised Determination
on Reconsideration

On July 15, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The notice was published in the Federal Register on July 30, 2009
(74 FR 38046).
The initial investigation initiated on May 4, 2009, resulted
in a negative determination issued on June 17, 2009, was based on
the finding that imports of automotive drive train components did
not contribute importantly to worker separations at the subject
firm and no shift in production to a foreign source occurred.
The denial notice was published in the Federal Register on July
14, 2009 (74 FR 34038).
On reconsideration, the Department determined that the
workers of the subject firm manufactured iron casting components
for various industries. The Department requested an additional
list of customers of the subject firm and conducted a customer
survey to determine whether imports of iron casting components
negatively impacted employment at the subject firm.
The survey of the subject firm’s major declining customers
revealed that the customers increased their imports of iron casting
components while decreasing purchases from the subject firm from
2007 to 2008.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Belcher-
Robinson Foundry, Alexander City, Alabama, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Belcher-Robinson Foundry, Alexander City,
Alabama, who became totally or partially separated from
employment on or after March 30, 2008, through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."

Signed in Washington, D.C. this 21st day of October 2009.


/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-65,882

BELCHER-ROBINSON FOUNDRY
ALEXANDER CITY, ALABAMA

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 4, 2009, in response to
a petition filed on behalf of workers of Belcher-Robinson Foundry,
Alexander City, Alabama. The workers produced automotive drive
train components.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm did not import drive train components, nor
did it shift production shift to any foreign location.
Most of the subject firm’s customers were outside of the
United States. Loss of export sales cannot be used as a basis for
certification which is related to shifts of production or imports.
The sole major domestic customer of the subject firm has ceased
operations and is thus not purchasing imported drive train
components.
Petitioners allege that an affiliated facility in another
state has been certified. However, the circumstances of the two
cases are dissimilar; the certified facility produced different
products for different customers.
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 Belcher-Robinson
Foundry, Alexander City, Alabama 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 17th day of June 2009


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







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