DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,882

APW, INC.
ERIE, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on September 22, 2003 in
response to a petition filed by a company official on behalf of
workers at APW, Inc., Erie, Pennsylvania. The workers produced
sheet metal enclosures.
Sales and employment declined during the relevant period.
The United States Department of Labor conducted a survey of
the subject firm's major customer regarding their purchases of
sheet metal enclosures during 2001, 2002 and January through August
2003. The survey revealed that the subject firm's major customer
increased their reliance on imports during the relevant period.
The petitioner also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
In order to issue a certification of eligibility to apply for
ATAA for older workers, the group eligibility requirements of
Section 246(a)(3)(A)(ii) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.



Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with sheet metal enclosures produced
at APW, Inc., Erie, Pennsylvania contributed importantly to the
total or partial separation of workers and to the decline in sales
or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of APW, Inc., Erie, Pennsylvania who became
totally or partially separated from employment on or after
September 13, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974 and alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974."
Signed in Washington, D. C., this 31st day of October, 2003.

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