DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-39,471

BESSER COMPANY
ALPENA, MICHIGAN

Notice of Revised Determination
on Reconsideration

On April 26, 2002, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on June 4, 2002 (67 FR
38523).
The Department initially denied TAA to workers of Besser
Company, Alpena, Michigan engaged in the production of concrete
machinery and equipment because the "contributed importantly"
group eligibility requirement of Section 222(3) of the Trade Act
of 1974, as amended, was not met.
On reconsideration, the Department conducted a sample survey
of additional major customers of the subject firm regarding their
purchases of concrete machinery and equipment during the relevant
period. The survey revealed that some customers increased their
reliance on imported concrete machinery and equipment during the
relevant period.





Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with concrete equipment and
machinery, contributed importantly to the declines in sales or
production and to the total or partial separation of workers of
Besser Company, Alpena, Michigan. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Besser Company, Alpena, Michigan engaged in
the production of concrete machinery and equipment who
became totally or partially separated from employment on or
after May 29, 2000 through two years from date of
certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."

Signed in Washington, D.C. this 12th day of July 2002.


/s/ Edward A. Tomchick
____________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,471

BESSER COMPANY
ALPENA, MICHIGAN


Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially separat-
ed;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on June 18, 2001 in response
to a petition filed by the International Brotherhood of Boiler-
makers, Local D-472, on behalf of all workers at Besser Company,
Alpena, Michigan.


The workers are engaged in employment related to the produc-
tion of concrete equipment and machinery.
The investigation revealed that criterion (3) has not been
met.
The subject company does not import concrete equipment or
concrete machinery.
The Department of Labor conducted a survey of the subject
company's major customers regarding their purchases of concrete
equipment and machinery.
The survey revealed no increase in customer import purchases
of concrete equipment or machinery while reducing purchases from
Besser Company, Alpena, Michigan.
Currently, there is a NAFTA-TAA petition pending for the
workers at the subject company, NAFTA-4972.
Conclusion
After careful review, I determine that all workers of Besser
Company, Alpena, Michigan, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D.C. this 27th day of November, 2001.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment