Certified
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TAW-70220  /  BoMag Americas, Inc. (Kewanee, IL)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 07/15/2009
Determination Date: 07/15/2009
Expiration Date: 07/15/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,220

BOMAG AMERICAS, INC.
A SUBSIDIARY OF BOMAG GMBH
KEWANEE, ILLINOIS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 19, 2009, on behalf of workers of BOMAG Americas,
Inc., a subsidiary of BOMAG GmbH, Kewanee, Illinois (BOMAG
Americas). The workers produce heavy construction equipment
such as asphalt rollers, pavers, recycler stabilizers, light
compaction equipment, and landfill equipment.
The investigation revealed that workers of BOMAG Americas
who are engaged in employment related to the production of heavy
construction equipment meet the criteria for certification.
Section 222(a)(1) has been met because employment at the
subject facility declined from 2007 to 2008, and during the
period of January through April 2009 compared with the
corresponding 2008 period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of heavy construction equipment by BOMAG
Americas have decreased absolutely from 2007 to 2008, and
during the period of January through April 2009 compared with
the corresponding 2008 period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with heavy construction
equipment produced by BOMAG Americas have increased.
Specifically, the Department of Labor conducted a survey of the
subject firm's major declining customers regarding their
purchases of heavy construction equipment during 2007, 2008, and
January through April 2009. The survey revealed an increased
reliance on imports of heavy construction equipment.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of heavy construction equipment by
customers of BOMAG Americas contributed importantly to the
worker group separations and sales/production declines at
BOMAG Americas.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BOMAG Americas, Inc.,
a subsidiary of BOMAG GmbH, Kewanee, Illinois, who are engaged
in employment related to the production of heavy construction
equipment meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:







"All workers of BOMAG Americas, Inc., a subsidiary of
BOMAG GmbH, Kewanee, Illinois, who became totally or
partially separated from employment on or after May 18,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 15th day of July, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance