DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,047

SIEMENS ENERGY & AUTOMATION
PROCESS INDUSTRIES DIVISION
SPRINGHOUSE, 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, 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 January 20, 2004 in response to a petition filed by a company official on behalf of workers of Siemens Energy & Automation, Process Industries Division, Springhouse, Pennsylvania. The workers manufacture industrial controls.
The investigation revealed that employment at the Process Industries Division in Springhouse facility has declined significantly as the subject firm has shifted a portion of production to a country with which the United States has a free trade agreement (Canada).
The petitioner also requested consideration for Alternative Trade Adjustment Assistance (ATAA).
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 abroad 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 these articles. In accordance with the provisions of the Act, I make the following certification:
"All workers of Siemens Energy & Automation, Process Industries Division, Springhouse, Pennsylvania, who became totally or partially separated from employment on or after January 19, 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 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 23rd day of February, 2004.


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