DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,030

EXCEL BERGER
NEW BRUNSWICK, NEW JERSEY

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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:
(1) a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision

The investigation was initiated in response to a petition
filed on March 8, 2011 by the New Jersey Department of Labor on
behalf of workers of Excel Berger, New Brunswick, New Jersey
(subject firm). The workers' firm is engaged activities related
to the production of dental prosthetics. The worker group does
not include any on-site leased workers.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at the subject firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of dental prosthetics by the subject firm
have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with those produced by
the subject firm have increased. U.S. imports of dental
prosthetics increased significantly during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of dental prosthetics contributed importantly
to the worker group separations and sales/production declines
at Excel Berger, New Brunswick, New Jersey.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
The Department has determined that criterion III has not
been met.
The investigation revealed competitive conditions within
the workers' industry are not adverse. Employment in this
industry was steady during First Quarter 2011, was higher during
Second Quarter 2011 as compared to First Quarter 2011, and
increased through Second Quarter 2011.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Excel Berger, New
Brunswick, New Jersey, who are engaged in activities related to
the production of dental prosthetics, meet the worker group
certification criteria under 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 Excel Berger, New Brunswick, New Jersey,
who became totally or partially separated from employment
on or after March 7, 2010, 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; and I further determine that all workers
of Excel Berger, New Brunswick, New Jersey are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D. C. this 16th day of September, 2011


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