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TAA Decision 71629

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

      DEPARTMENT OF LABOR

	Employment and Training Administration

	TA-W-71,629


HUB CITY
MECHANICAL DIVISION
ABERDEEN, SOUTH DAKOTA

	Certification Regarding Eligibility
	To Apply for Worker 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:
I.	The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant 
number or proportion of the workers in the workers' firm 
must have become totally or partially separated or be 
threatened with total or partial separation.

II.	The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I)	there has been a shift by the workers' firm to a 
foreign country in the production of articles or 
supply of services like or directly competitive with 
those produced/supplied by the workers' firm; or
(i)(II)	there has been an acquisition from a foreign 
country by the workers' firm of articles/services that 
are like or directly competitive with those 
produced/supplied by the workers' firm.

III.	The third criterion requires that the shift/acquisition 
must have contributed importantly to the workers' 
separation or threat of separation.  See Section 
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §  
2272(a)(2)(B)(ii).
  
	The investigation was initiated in response to a petition 
filed on July 10, 2009 by a company official and union official 
representing the International Association of Machinists and 
Aerospace Workers on behalf of workers of Hub City, Aberdeen, 
South Dakota.  The workers are engaged in the production of 
gearboxes and bearings. 
      The investigation revealed that workers of Hub City who are 
engaged in employment related to production of gearboxes and 
bearings meet the criteria for certification.  
      Criterion I has been met because more than five percent 
of the workers at the subject firm were separated from 
employment during the relevant period.  
      Criterion II has been satisfied because the workers' firm 
has acquired from a foreign country articles like or directly 
competitive with articles produced by the workers. 
      Criterion III has been met because the acquisition of 
gearbox components from China and India by Hub City 
contributed importantly to worker group separations at the 
Aberdeen, South Dakota facility.




Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of Hub City, Aberdeen, 
South Dakota, who are engaged in employment related to the 
production of gearbox components meet the worker group 
certification criteria under Section 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 Hub City, Aberdeen, South Dakota, who 
became totally or partially separated from employment on or 
after July 1, 2008, through two years from the date of 
certification, and all workers in the group threatened with 
total or partial separation from employment on the date of 
certification 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."
Signed in Washington, D.C., this 9th day of September, 2009.

						/s/ Elliott S. Kushner
                                    ______________________________
                                    ELLIOTT S. KUSHNER
                                    Certifying Officer, Division of 
                                    Trade Adjustment Assistance

    

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