DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,662

BERRY FLOOR USA, INC.
RACINE, WISCONSIN


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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 28 2009 by company officials on behalf of workers
of Berry Floor USA, Racine, Wisconsin. The workers provide
business support services, including sales and marketing,
customer service, accounting, and warehouse and sample making.
The petitioner stated that the services provided at the
subject firm are being shifted to Menen, Belgium.
The investigation revealed that workers of Berry Floor USA
who are engaged in employment related to business customer
support meet the criteria for certification.
Criterion I has been met because a significant portion of
workers have been separated. All remaining workers are
threatened with separation.
Criterion II has been satisfied because the business
support services provided by workers of the subject firm is
being shifted to Menen, Belgium.
Criterion III has been met because the shift of business
support services from Racine, Wisconsin to Menen, Belgium by
Berry Floor USA contributed importantly to worker group
separations at the Racine, Wisconsin facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Berry Floor USA,
Racine, Wisconsin who are engaged in employment related to
business support services 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 Berry Floor USA, Racine, Wisconsin, who
became totally or partially separated from employment on or
after May 27, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on 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 25th day of June, 2009


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