DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,269

GEMEINHARDT COMPANY, LLC
ELKHART, INDIANA

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 (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 in response to a petition
received on April 24, 2006 and filed by the Chauffeurs, Teamsters
and Helpers, Local Union No. 364 on behalf of workers at
Gemeinhardt Company, LLC, Elkhart, Indiana. The workers are
engaged in employment related to the production of flutes and
piccolos.
The investigation revealed that plant employment and
production declined during the relevant period.


The investigation further revealed that the company
increased their reliance on imported flutes and piccolos during
the relevant period.
In accordance with Section 246 of 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 addition, 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.
The investigation also revealed that the company is under an
existing TAA and ATAA certification (TA-W-54,712), which expires
on May 25, 2006.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with flutes and piccolos produced at
Gemeinhardt Company, LLC, Elkhart, Indiana 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 Gemeinhardt Company, LLC, Elkhart, Indiana
who became totally or partially separated from employment on
or after May 26, 2006 through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 4th day of May, 2006.


/s/Elliott S. Kushner

_____________________
Elliott S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance