DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,785

BENETEAU USA, INC.
MARION, SOUTH CAROLINA

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 November 6, 2009, by on behalf of workers of Beneteau
USA, Inc., Marion, South Carolina (Beneteau USA). The workers
are engaged in activities related to sail boats.
The investigation revealed that workers of Beneteau USA,
who are engaged in employment related to sail boats, meet the
criteria for certification.
Criterion I has been met because at a significant number
or proportion of workers at Beneteau USA have been separated
or are threatened with separation during the relevant period.
Criterion II has been met because Beneteau USA has
shifted to a foreign country the production of articles like
or directly competitive with sail boats produced by the
workers.
Criterion III has been met because the shift of sail
boats to France by Beneteau USA contributed importantly to
worker group separations at the Marion, South Carolina
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Beneteau USA, Inc.,
Marion, South Carolina, who are engaged in employment related to
sail boats 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 Beneteau USA, Inc., Marion, South Carolina,
who became totally or partially separated from employment
on or after November 2, 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 3rd day of December, 2009


/s/Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance