DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,816

TEK INDUSTRIES
ACCU CUT DIVISION
FREMONT, NEBRASKA

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), 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 October 18, 2004 in response
to a petition filed on behalf of workers of Tek Industries, Accu
Cut Division, Fremont, Nebraska. The workers at the subject firm
produce shape and letter cutting systems and dies; workers are
separately identifiable by product line. The petitioning group of
workers at the subject firm is engaged in the production of dies.
The investigation revealed that employment and production of
workers engaged in the production of dies at the subject firm
decreased during the period of January through October 2004 when
compared to the same period in 2003.
The investigation further revealed that company imports of
dies increased absolutely during the relevant period.
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 workers in the workers' 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 dies produced at Tek Industries,
Accu Cut Division, Fremont, Nebraska, 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 Tek Industries, Accu Cut Division, Fremont,
Nebraska engaged in employment related to the production of dies
who became totally or partially separated from employment on or
after October 6, 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 Tek Industries, Accu
Cut Division, Fremont, Nebraska engaged in employment related to
the production of dies 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 9th day of November 2004.
/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance