Certified
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TAW-61128  /  Aker Kvaerner Willfab (Williamsport, PA)

Petitioner Type: Union
Impact Date: 03/15/2006
Filed Date: 03/16/2007
Most Recent Update: 04/09/2007
Determination Date: 04/09/2007
Expiration Date: 04/09/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,128

AKER KVAERNER WILLFAB
INCLUDING ON-SITE LEASED WORKERS OF DEPASQUALE STAFFING
WILLIAMSPORT, PENNSYLVANIA

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 on March 16, 2007 in response
to a petition filed by the International Union of Electronic,
Electrical, Salaried, Machine and Furniture Workers-Communications
Workers of America, Local 628 on behalf of workers of Aker Kvaerner
Willfab, Inc., Williamsport, Pennsylvania. Workers manufacture
ASME boiler pressure parts (tubes and pipes). Workers are not
separately identifiable by product.
The subject firm also leased workers from DePasquale Staffing.
The investigation revealed that a significant number or
proportion of workers at the subject firm are threatened to become
separated from employment when production ceases on or about April
30, 2007.
In addition, the subject firm experienced a decline in sales
and production from full year 2005 to full year 2006.
The investigation further revealed that the subject firm
increased imports of ASME boiler pressure parts (tubes and pipes)
from China during the relevant period.
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 increases of imports of articles
like or directly competitive with ASME boiler pressure parts (tubes
and pipes) produced by Aker Kvaerner Willfab, Inc., Williamsport,
Pennsylvania, 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 Aker Kvaerner Willfab, Inc., Williamsport,
Pennsylvania, who became totally or partially separated from
employment on or after March 15, 2006, 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 9th day of April 2007


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