Petitioner Type: Workers
Impact Date:
Filed Date: 06/17/2002
Most Recent Update: 11/07/2002
Determination Date: 11/07/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,655
BTA-PERFEX
BUTLER, WISCONSIN
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 separated;
(2) that sales or production, or both, of the firm or subdi-
vision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate 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 17, 2002 in response
to a petition filed on behalf of workers at BTA-Perfex, Butler,
Wisconsin. The workers produced industrial heat exchangers and
pressure vessels.
The investigation revealed that criterion (3) has not been
met.
Aggregate U.S. imports of heat exchangers decreased in 2001
compared to 2000 and in January-June 2002 compared to the same
period in 2001.
The Department conducted a survey of major customers of the
subject firm regarding their purchases of industrial heat
exchangers and pressure vessels in 2000, 2001 and January-March
2002. The survey revealed that imports did not contribute
importantly to the layoff at the subject plant during the relevant
period.
The company did not import industrial heat exchangers and
pressure vessels during the relevant period.
The investigation further revealed that the company decided to
permanently close its plant in Butler, Wisconsin and transfer
production of heat coolers from the Butler plant to another
domestic company facility. Most of the production at the subject
plant was comprised of heat exchangers. The production of shell and
tube boiler component products lines in Butler, Wisconsin was
eliminated.
The investigation also revealed that company sales increased
in 2001 compared to 2000.
Conclusion
After careful review, I determine that all workers of BTA-
Perfex, Butler, Wisconsin are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of November, 2002
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance