DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,853

INDIANA TUBE
FORT SMITH DIVISION
FORT SMITH, ARKANSAS

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 August 29, 2005, in
response to a petition filed by a state agency representative on
behalf of workers at Indiana Tube, Fort Smith Division, Fort Smith,
Arkansas. The workers produce refrigeration condensers.
The investigation revealed that a significant number or
proportion of workers at the subject firm are threatened to become
separated from employment.
The subject firm's decline in employment is related to a shift
in production of refrigeration condensers to a country (Mexico)
that is a party to a free trade agreement with the United States.
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 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 Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:



"All workers of Indiana Tube, Fort Smith Division, Fort Smith,
Arkansas who became totally or partially separated from
employment on or after August 26, 2004 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 21st day of September 2005
/s/ Linda Poole
_____________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance