DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,882

APA ENTERPRISES, 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, 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 February 22, 2006, in
response to a petition filed by a company official on behalf of
workers of APA Enterprises, Inc., Aberdeen, South Dakota. The
workers produce fiber optic cables.
The investigation revealed that sales, production and
employment declined absolutely in January of 2006.
The subject firm shifted the production of fiber optic cables
to a country (Mexico) that is party to a free trade agreement with
the United States during the relevant 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

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 1 has not been
met.
The investigation revealed that the subject firm did not
employ a significant number of workers at the firm age 50 years or
over.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude 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 APA Enterprises, Inc., Aberdeen, South
Dakota who became totally or partially separated from
employment on or after February 6, 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."
I further determine that all workers of APA Enterprises,
Inc., Aberdeen, South Dakota 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 30th day of March 2006

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance