DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,229

APA OPTICS, INC.
BLAINE, MINNESOTA

TA-W-55,229A

APA OPTICS, INC.
ABERDEEN, SOUTH DAKOTA

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)(A) of
Section 222 have been met.
The investigation was initiated on July 12, 2004 in response
to a petition filed on behalf of workers at APA Optics, Inc.,
Blaine, Minnesota (TA-W-55,229), and APA Optics, Inc., Aberdeen,
South Dakota (TA-W-55,229A). The workers of the subject facilities
produced UV detectors.
The investigation revealed that the subject firm has
experienced declines in sales, production and employment during the
relevant time period.
The investigation also revealed that the subject firm has
substantially increased its imports of UV detectors during the
relevant time 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.
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 criterion 2 has not been
met.
The investigation revealed that workers at the firm possess
skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with UV detectors produced at APA
Optics, Inc., Blaine, Minnesota, and APA Optics, Inc., Aberdeen,
South Dakota, contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
"All workers of APA Optics, Inc., Blaine, Minnesota (TA-W-
55,229), and APA Optics, Inc., Aberdeen, South Dakota (TA-W-
55,229A), who were engaged in the production of UV detectors,
and who became totally or partially separated from employment
on or after July 7, 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
I further determine that all workers of APA Optics, Inc.,
Blaine, Minnesota (TA-W-55,229), and APA Optics, Inc.,
Aberdeen, South Dakota (TA-W-55,229A), 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 6th day of August 2004.

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