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TAW-58077  /  Friedrich Air Conditions (San Antonio, TX)

Petitioner Type: Union
Impact Date: 10/31/2005
Filed Date: 10/05/2005
Most Recent Update: 10/31/2005
Determination Date: 10/31/2005
Expiration Date: 10/31/2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,077

FRIEDRICH AIR CONDITIONING
SAN ANTONIO, TEXAS

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)(B) of
Section 222 have been met.
The investigation was initiated October 5, 2005 in response to
a petition filed by a state agency representative on behalf of
workers at Friedrich Air Conditioning, San Antonio, Texas. The
workers at the subject firm produce room air conditioners.
The investigation revealed a significant number or proportion
of workers at the subject firm are threatened to become separated
from employment.
The investigation revealed that the subject firm shifted some
of its room air conditioner production from San Antonio, Texas to
Korea and China.
Moreover, the investigation revealed that company imports of
room air conditioners have increased.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based on increased company imports
of room air conditioners, under petition number TA-W-53,240, which
expired on October 30, 2005.
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 workers of the subject firm
possess skills that are easily transferable.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to a foreign country of articles
that are like or directly competitive with those produced by the
subject firm, and there has been or is likely to be 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 Friedrich Air Conditioning, San Antonio, Texas
who became totally or partially separated from employment on
or after October 31, 2005 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 Friedrich Air
Conditioning, San Antonio, Texas 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 31st day of October 2005

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance