Certified
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TAW-74586  /  Burton Snowboards Company (Burlington, VT)

Petitioner Type: Workers
Impact Date: 08/24/2009
Filed Date: 09/03/2010
Most Recent Update: 09/24/2010
Determination Date: 09/24/2010
Expiration Date: 09/24/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,586

BURTON SNOWBOARDS COMPANY
BURTON MANUFACTURING CENTER DIVISION
BURLINGTON, VERMONT

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 September 3, 2010 on behalf of workers of Burton
Snowboards Company, Burton Manufacturing Center Division,
Burlington, Vermont. The workers are engaged in activities
related to the production of snowboards.
The investigation revealed that workers of Burton
Snowboards Company, Burton Manufacturing Center Division,
Burlington, Vermont, who are engaged in activities related to
the production of snowboards, meet the criteria for
certification.
Criterion I has been met because a significant proportion
or number of workers at Burton Snowboards Company, Burton
Manufacturing Center Division, Burlington, Vermont has been
totally or partially separated or threatened with such
separation.
Criterion II has been met because Burton Snowboards
Company, Burton Manufacturing Center Division, Burlington,
Vermont has shifted to a foreign country the production of
snowboards.


Criterion III has been met because the shift in
production to Austria contributed importantly to the
separations at the Burlington, Vermont facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Burton Snowboards
Company, Burton Manufacturing Center Division, Burlington,
Vermont, who are engaged in activities related to the production
of snowboards, 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 Burton Snowboards Company, Burton
Manufacturing Center Division, Burlington, Vermont, who
became totally or partially separated from employment on or
after August 24, 2009, 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 24th day of September, 2010


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