DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,789

ALLIED AIR ENTERPRISES
A SUBSIDIARY OF LENNOX INTERNATIONAL, INC.
BELLEVUE, OHIO

Negative Determination 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on July 25, 2006 in response
to a petition filed by an International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America
Representative on behalf of workers at Allied Air Enterprises, a
subsidiary of Lennox International, Inc., Bellevue, Ohio. The
workers produce heating and air conditioning equipment; they are
not separately identifiable by articles produced.
The investigation revealed that criteria (a)(2)(A)(I.B),
(a)(2)(A)(I.C), and (a)(2)(B)(II.B) were not met.
The investigation revealed that subject firm sales of heating
and air conditioning equipment increased from 2004 to 2005 and
again during the period of January through June 2006 over the
corresponding 2005 period. Also, the investigation revealed that
the subject firm did not report a declining customer base during
the relevant period.
Moreover, the subject firm did not import fixtures for the
automotive industry, nor did it shift production to a foreign
country during 2004, 2005 or the period of January through June
2006.
The investigation also revealed that the subject plant
recently shifted production to another domestic location, which
contributed to the layoffs at the subject plant.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.





Conclusion
After careful review of the facts obtained, I determine that
all workers of Allied Air Enterprises, a subsidiary of Lennox
International, Inc., Bellevue, Ohio, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 22nd day of August 2006.



/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance