DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,234

KENDRO LABORATORY PRODUCTS
MACHINING DIVISION
A SUBSIDIARY OF SPX CORPORATION
NEWTOWN, CONNECTICUT

TA-W-53,234A

KENDRO LABORATORY PRODUCTS
DEVELOPMENT ENGINEERING GROUP
A SUBSIDIARY OF SPX CORPORATION
NEWTOWN, CONNECTICUT

TA-W-53,234B

KENDRO LABORATORY PRODUCTS
CENTRIFUGE PRODUCTION
A SUBSIDIARY OF SPX CORPORATION
NEWTOWN, CONNECTICUT

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 (19 USC
2273), as amended, 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 directly-impacted
(primary) workers under Section 222(a) the Trade Act of 1974, as
amended, can be satisfied in either of two ways:
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 is a beneficiary country
under the Andean Trade Preference Act, 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.

The investigation was initiated on October 14, 2003 in response
to a petition filed by a company official on behalf of workers of
Kendro Laboratory Products, Machining Division, a subsidiary of SPX
Corporation, Newtown, Connecticut (TA-W-53,234), Kendro Laboratory
Products, Development Engineering Group, a subsidiary of SPX
Corporation, Newtown, Connecticut (TA-W-53,234A) and Kendro
Laboratory Products, Centrifuge Production, a subsidiary of SPX
Corporation, Newtown, Connecticut (TA-W-53,234B). Workers of the
Machining Division (TA-W-53,234) produce rotors. Workers of the
Development Engineering Group (TA-W-53,234A) are engaged in
research and development of rotors in support of the Machining
Division (TA-W-53,234). Workers of the Centrifuge Production line
(TA-W-53,234B) produce centrifuges.
It is determined in the case of Kendro Laboratory Products,
Machining Division, a subsidiary of SPX Corporation, Newtown,
Connecticut (TA-W-53,234) and Kendro Laboratory Products,
Development Engineering Group, a subsidiary of SPX Corporation,
Newtown, Connecticut (TA-W-53,234A), the requirements of (a)(2)(B)
of Section 222 have been met.
The investigation revealed that employment at Kendro
Laboratory Products, Machining Division, a subsidiary of SPX
Corporation, Newtown, Connecticut (TA-W-53,234) and Kendro
Laboratory Products, Development Engineering Group, a subsidiary of
SPX Corporation, Newtown, Connecticut (TA-W-53,234A) declined
absolutely during the period of January through September 2003,
when compared to the same period in 2002.
Furthermore, the investigation revealed that production of
rotors shifted abroad and imports of rotors are likely to increase
during the relevant period.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in the case of Kendro
Laboratory Products, Machining Division, a subsidiary of SPX
Corporation, Newtown, Connecticut (TA-W-53,234) and Kendro
Laboratory Products, Development Engineering Group, a subsidiary of
SPX Corporation, Newtown, Connecticut (TA-W-53,234A), the
requirements of Section 246 have been met.
A significant number of workers at both divisions are age 50
or over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
It is determined, in the case of Kendro Laboratory Products,
Centrifuge Production, a subsidiary of SPX Corporation, Newtown,
Connecticut (TA-W-53,234B), that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that Kendro Laboratory Products,
Centrifuge Production, a subsidiary of SPX Corporation, Newtown,
Connecticut (TA-W-53,234B) is shifting production of centrifuges to
another domestic location.
The Department of Labor surveyed Kendro Laboratory Products,
Centrifuge Production, a subsidiary of SPX Corporation, Newtown,
Connecticut (TA-W-53,234B) major customers regarding their
purchases of centrifuges. This survey revealed negligible imports
of centrifuges during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, 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.

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 of Kendro Laboratory Products, Centrifuge Production, a
subsidiary of SPX Corporation, Newtown, Connecticut (TA-W-53,234B)
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive to those produced at the subject firm
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at Kendro
Laboratory Products, Machining Division, a subsidiary of SPX
Corporation, Newtown, Connecticut (TA-W-53,234) and Kendro
Laboratory Products, Development Engineering Group, a subsidiary of
SPX Corporation, Newtown, Connecticut (TA-W-53,234A). In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Kendro Laboratory Products, Machining Division,
a subsidiary of SPX Corporation, Newtown, Connecticut (TA-W-
53,234) and Kendro Laboratory Products, Development Engineering
Group, a subsidiary of SPX Corporation, Newtown, Connecticut
(TA-W-53,234A) who became totally or partially separated from
employment on or after September 29, 2002 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 are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974;" and

I determine that all workers of Kendro Laboratory Products,
Centrifuge Production, a subsidiary of SPX Corporation, Newtown,
Connecticut (TA-W-53,234B) are denied eligibility 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 at Washington, D.C., this 18th day of November 2003
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance