DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,373

AVI CORPORATION
INCLUDING LEASED WORKERS OF MANPOWER, INC.
QUEENSBURY, NEW YORK

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, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an 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)(B) of
Section 222 have been met.
The investigation was initiated on October 29, 2003 in
response to a petition filed by a company official on behalf of
workers at Avi Corporation, Queensbury, New York. The workers at
the subject firm produce diagnostic and angiographic catheters.
Workers are not separately identifiable by product line.
The subject firm leased some of its production workers from
Manpower, Inc..
The investigation revealed that employment at the subject firm
decreased in January to November 2003, compared to the same period
in 2002; it is anticipated that the Queensbury plant will close.
Avi Corporation is shifting production of diagnostic and
angiographic catheters abroad and imports are likely to increase.
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 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 this case that the
requirements of Section 246 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 determine that there was a shift in production
from the workers' firm or subdivision to Germany and Switzerland of
articles that are like or directly competitive with those produced
by the subject firm or subdivision, and there has been or is likely
to be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Avi Corporation, including leased workers of
Manpower, Inc., Queensbury, New York, who became totally or
partially separated from employment on or after October 22,
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."
Signed in Washington, D. C. this 28th day of November, 2003.


/s/ Richard Church

______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance