E9-9939. Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as amended (19 USC 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance (ATAA) by (TA-W) number issued during the period of April 13 through April 17, 2009.

In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met.

I. Section (a)(2)(A) all of the following must be satisfied:

A. 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;

B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and

C. 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; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. 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;

B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and

C. One of the following must be satisfied:

1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States;

2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, the African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or

3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.

Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.

(1) A significant number or proportion of the workers in the 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) The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and

(3) Either—

(A) The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or

(B) A loss of business by the workers' firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers' separation or threat of separation.

In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met.

1. Whether a significant number of workers in the workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills that are not easily transferable.

3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse).

Affirmative Determinations for Worker Adjustment Assistance

The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination.

The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met.

None

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met.

None.

The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

None.

The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met.

None.

Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination.

The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

TA-W-65,097; AdMart Custom Signage, Danville, KY: February 2, 2008

TA-W-65,149; HDM Furniture Industries, Drexel Heritage, Plant 7, Hickory, NC: February 2, 2008

TA-W-65,344A; Noranda Aluminum, Inc., Rod Mill Department, New Madrid, MO: February 20, 2008

TA-W-65,344; Noranda Aluminum, Inc., Metal Products Department, New Madrid, MO: February 20, 2008

TA-W-65,416; Pilgrim Home and Hearth, LLC, Benicia, CA: January 26, 2008

TA-W-65,421; Ashley Furniture Industries, Inc., Upholstery Division, Ripley, MS: February 26, 2008

TA-W-64,699; Kimrick, LP, Ft Worth, TX: December 11, 2007

TA-W-64,919; Modine Manufacturing Company, North America Division, Logansport, IN: September 30, 2008

TA-W-65,274; Delaco Steel Processing, Dearborn, MI: February 13, 2008

TA-W-65,560; True Textiles, Inc., Grand Rapids, MI: March 10, 2008

TA-W-65,678; Bihler of America, Inc., Staffing Alternatives, Phillipsburg, NJ: March 12, 2008

TA-W-65,229; Royall Company, Inc., Specialty Die and Finishing, Conover, NC: February 10, 2008

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

TA-W-65,585; Simpson Door Company, Simpson Investment Company, McCleary, WA: March 11, 2008

TA-W-65,694; Indiana Tube Corporation, Subsidiary of WHX, Evansville, IN: April 12, 2009

TA-W-65,472; Lincoln Industrial Corporation, St. Louis, MO: February 26, 2008

TA-W-64,572; Merrill Corp., Everett, MA: December 1, 2007

TA-W-65,399; HDM Furniture Industries, Henredon Plant #9, Mt. Airy, NC: February 25, 2008

The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

TA-W-64,806; Garvin Industries, Guarantee Div., Adamsville, PA: January 2, 2008

TA-W-64,934A; Borgwarner Morse Tec, Inc., Powder Metal Operations Div., Cortland, NY: January 20, 2007

TA-W-64,934B; Borgwarner Morse Tec, Inc., Transmission Components Div., Cortland, NY: January 20, 2007

TA-W-64,934; Borgwarner Morse Tec, Inc., Engine Timing Components Div., Ithaca, NY: January 20, 2007

TA-W-65,129; Wilson-Hurd Manufacturing Co., LCD Division, Adecco, Lifestyles, Berlin, WI: February 4, 2008

TA-W-65,475; Mohawk Industries, Inc., Flooring Mfg. Div., Oslten Temp, Dillon, SC: February 4, 2008

TA-W-65,489; Evergy, Inc., A Division of Tecumseh Products Company, Paris, TN: February 17, 2008

TA-W-65,536; HS Converting, A Subsidiary of Hickory Springs Mfg. Co., Conover, NC: March 10, 2009

TA-W-65,688; HB Carbide, A Subsidiary of Star Cutter Company, Lewiston, MI: March 26, 2008

TA-W-65,689; Ossineke Industries, A Subsidiary of Star Cutter Company, Ossineke, MI: March 26, 2008

The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

TA-W-65,483; Viasystems, Newberry, SC: March 3, 2008

Negative Determinations for Alternative Trade Adjustment Assistance

In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified.

The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older.

None.

The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable.

None.

The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers' industry are not adverse.

None.

Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified.

Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA.

The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met.

None.

The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met.

TA-W-65,650; Aero-Metric, Inc., Sheboygan, WI.

The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met.

TA-W-64,900; Direct Tooling Group, Inc., Wayland, MI.

TA-W-65,125; RMK Industries, Inc., Rochester Hills, MI.

TA-W-65,467; Kenworth Truck Company, A Subsidiary of Paccar, Inc., Renton, WA.

TA-W-65,493; Plains Cotton Cooperative Association, Lubbock, TX.

TA-W-65,508; Camp-Hill Corporation, McKeesport, PA.

TA-W-65,516; Bauer Industries, Inc., Hildebran, NC.

TA-W-65,526; Monaco Coach Corporation, Coburg, OR.

TA-W-65,540; Trinity Rail Industries Plant #19, Longview, TX.

TA-W-65,453; Tokyo Electron Massachusetts, Inc., Beverly, MA.

The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974.

TA-W-65,739; Eos Airlines Incorporated, Purchase, NY.

The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA.

None.

I hereby certify that the aforementioned determinations were issued during the period of April 13 through April 17, 2009. Copies of these determinations are available for inspection in Room N-5428, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210 during normal business hours or will be mailed to persons who write to the above address.

Date: April 23, 2009.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.