Petitioner Type: Union
Impact Date:
Filed Date: 09/28/2001
Most Recent Update: 12/21/2001
Determination Date: 12/21/2001
Expiration Date:
Employment and Training Administration
TA-W-40,153
BURKART FOAM, INC.
CAIRO, ILLINOIS
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 eligibility 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 separated;
(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 September 28, 2001 in response to a petition filed by the International Association of Machinists and Aerospace Workers, on behalf of workers at Burkart Foam, Inc., Cairo, Illinois. The workers produce polyurethane foam and rebond.
The investigation revealed that criterion (3) has not been met.
Polyurethane foam and rebond are not imported by the subject company.
The Department conducted a survey of the firms= major customers regarding purchases of polyurethane foam and rebond in 1999, 2000 and January through September 2000-2001. The survey revealed no purchases from foreign sources and no purchases from other domestic sources that had this product wholly manufactured in a foreign country.
A Nafta petition has been filed on behalf of workers at Burkart Foam, Incorporated (NAFTA-5368).
Conclusion
After careful review, I determine that all workers of Burkart Foam, Inc., Burkart, Illinois, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 21st day of December, 2001
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance