DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,843

DIVERSIFIED DYNAMICS CORPORATION
HOME RIGHT DIVISION
BLAINE, MINNESOTA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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)(B) of Section 222 have been met.
The investigation was initiated on December 19, 2003, in response to a petition filed on behalf of workers of Diversified Dynamics Corporation, HomeRight Division, Blaine, Minnesota. The workers produce wood paint sticks and sundry related paint kits.
The investigation revealed that a shift in production from the subject facility to a foreign country (China) occurred during the period of investigation, and layoffs at the subject plant resulted from this shift in production. The investigation further revealed that company imports are currently increasing.
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.   
The group eligibility criteria for the ATAA program that the Department must consider under Section 246 of the Trade Act are:
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).

The Department has determined that criteria 1 and 2 have not been met.
The investigation revealed that a significant number of workers in the petitioning workers’ group are not 50 years of age or older, and the skills of the worker group are easily transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained in the investigation, I conclude that there was a shift in production from the workers’ firm or subdivision to China, of articles that are like or directly competitive with those produced by the subject firm or subdivision, and there has been 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 Diversified Dynamics Corporation, HomeRight Division, Blaine, Minnesota who became totally or partially separated from employment on or after December 17, 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.”
I further determine that all workers of Diversified Dynamics Corporation, HomeRight Division, Blaine, Minnesota are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 13th day of January 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance