Certified
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TAW-70710  /  Biofit Engineered Products LTD Partnership (Bowling Green, OH)

Petitioner Type: Union
Impact Date: 05/27/2008
Filed Date: 05/28/2009
Most Recent Update: 09/17/2009
Determination Date: 09/17/2009
Expiration Date: 09/17/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,710

BIOFIT ENGINEERED PRODUCTS LTD PARTNERSHIP
BOWLING GREEN, OHIO

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 28, 2009 filed by UNITE HERE, Local 1758 on behalf
of workers of Biofit Engineered Products LTD Partnership,
Bowling Green, Ohio. The workers at the subject firm produce
chairs, stools, cafeteria tables, and booktrucks used in
factories, universities, labs, hospitals, and offices. The
workers are not separately identifiable by articles produced.
The investigation revealed that workers of Biofit
Engineered Products LTD Partnership, Bowling Green, Ohio who are
engaged in employment related to the production of chairs,
stools, cafeteria tables, and booktrucks meet the criteria for
certification.
Section 222(a)(1) has been met because employment at the
subject firm declined from January through April 2009
compared to the corresponding 2008 period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of chairs, stools, cafeteria tables, and
booktrucks by Biofit Engineered Products have decreased
absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with chairs, stools,
cafeteria tables, and booktrucks produced by Biofit Engineered
Products have increased. The Department surveyed the subject
firm's major declining customers regarding purchases of chairs,
stools, cafeteria tables, and booktrucks in 2007, 2008, and
during January through April 2009 over the corresponding 2008
period. The survey revealed increased imports during the
relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of chairs, stools, cafeteria tables, and
booktrucks by customers of the subject firm contributed
importantly to the worker group separations at Biofit
Engineered Products LTD Partnership, Bowling Green, Ohio.

















Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Biofit Engineered
Products LTD Partnership, Bowling Green, Ohio, who are engaged
in activities related to the production of chairs, stools,
cafeteria tables, and booktrucks 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 Biofit Engineered Products LTD
Partnership, Bowling Green, Ohio, 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 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 17th day of September, 2009


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