[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30142-30143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2646]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,536, TA-W-56,536A, and TA-W-56,536B]


Butler Manufacturing Company, Subsidary of Bluescope Steel, Ltd, 
Buildings Division, Wall and Roof Panels Production, Trim and 
Componenets Production and Secondaries Production, Galesburg, IL; 
Negative Determination on Reconsideration

    On April 6, 2005, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice of determination was 
published on April 25, 2005 in the Federal Register (70 FR 21247). 
Workers of the subject firm produce pre-engineered metal building 
system parts, including wall and roof panels, trim and components, and 
secondaries (non-structural parts).
    The Department initially denied Trade Adjustment Assistance (TAA) 
to workers of Butler Manufacturing Company, Subsidiary of Bluescope 
Steel, LTD, Building Division, Wall and Roof Panels Production, Trim 
and Components Production, and Secondaries Production, Galesburg, 
Illinois, because neither the shift of production or the ``contributed 
importantly'' group eligibility requirements of the Trade Act of 1974, 
as amended, were met.
    The petitioners requesting reconsideration questioned the 
Department's determination that criterion (a)(2)(A)(I.B.) was not met. 
The Department concurs and corrects that finding to read that criterion 
(a)(2)(A)(I.C.) was not met. Criterion (a)(2)(A)(I.C.) requires that 
increased imports of articles like or directly competitive with 
articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and to 
the decline in sales or production of such firm or subdivision.
    In response to the petitioners' allegation that workers are not 
separately identifiable by product line, the Department contacted 
company officials and petitioners to address the issue. The 
determination that the workers are separately identifiable by product 
line was based on information provided by the subject company during 
the initial investigation. Based on information provided during the 
reconsideration investigation, the Department finds that workers are 
interchangeable and are not separately identifiable by production line.
    The initial investigation also revealed that during the 
investigation period of 2003 through 2004, the subject company did not 
import products like or directly competitive with wall and roof panels, 
trim and components, or secondaries, nor did it shift production of 
these articles abroad.
    A survey of the subject company's major declining customers 
conducted during the initial investigation revealed no imports of 
products like or directly competitive with those produced by the 
subject company during the investigatory period.
    In the request for reconsideration, the petitioners also allege 
that the subject company will open foreign manufacturing facilities 
which would incorporate a Butler manufacturing facility for pre-
engineered buildings: three facilities in India by May-June 2005, and 
two facilities in China by mid-2006.
    While the alleged shifts of production fall outside the scope of 
the investigation, the Department contacted the subject company and the 
workers to address the petitioners' allegations.
    A careful review of the information obtained from the subject 
company and the workers during the reconsideration investigation 
confirmed that during 2003 and 2004, the subject firm did not

[[Page 30143]]

shift either wall and roof panels, trim and components, or secondaries 
production abroad, and revealed that beginning in 2005, production of 
these articles is shifting to affiliated production facilities in 
Tennessee, Texas, and North Carolina.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the worker group must be certified eligible to apply 
for trade adjustment assistance (TAA). Since the workers are denied 
eligibility to apply for TAA, the workers cannot be certified eligible 
for ATAA.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
and alternative trade adjustment assistance for workers and former 
workers of Butler Manufacturing Company, Subsidiary of Bluescope Steel, 
LTD, Building Division, Wall and Roof Panels Production, Trim and 
Components Production, and Secondaries Production, Galesburg, Illinois.

    Signed at Washington, DC, this 11th day of May 2005.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-2646 Filed 5-24-05; 8:45 am]
BILLING CODE 4510-30-P