DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,234

PENN MOULD INDUSTRIES, INC.
WASHINGTON, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

By letter dated June 11, 2007 the United Steelworkers of
America, District 10 requested administrative reconsideration
regarding the Department’s Negative Determination Regarding
Eligibility to Apply for Worker Adjustment Assistance, applicable
to the workers of the subject firm.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance under petition number TA-W-
56,570, which expired on April 28, 2007. The initial
investigation resulted in a negative determination signed on May
2, 2007 was based on the finding that the subject company did not
separate or threaten to separate a significant number of workers
since the expiration of the previous certification. The denial
notice was published in the Federal Register on May 17, 2007 (72
FR 27855).
To support the request for reconsideration, the petitioner
supplied additional information regarding employment at the
subject.
Upon further contact with the subject firm’s company
official, it was revealed that the subject firm separated a
significant number of workers during June 2007 and there is a
threat of future separations. The investigation also revealed
that the subject firm is in the process of shifting production of
molding equipment for glass containers to Colombia, a beneficiary
country under the Andean Trade Preference Act during the relevant
period. The shift contributed importantly to the layoffs at the
subject firm.
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 there was a shift in production
from the workers’ firm or subdivision to Colombia 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 Penn Mould Industries, Inc., Washington,
Pennsylvania who became totally or partially separated from
employment on or after April 29, 2007 through two years from
the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."

Signed in Washington, D.C. this 22nd day of June 2007.


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,234

PENN MOULD INDUSTRIES INC.
WASHINGTON, PENNSYLVANIA

Negative Determinations 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 April 3, 2007 in response
to a petition filed by the United Steelworkers of America, District
10 on behalf of workers of Penn Mould Industries, Inc., Washington,
Pennsylvania. Workers at the subject firm produce mould equipment
for glass containers.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based on increased customer imports
of molding equipment for glass containers, under petition number
TA-W-56,570, which expired on April 28, 2007.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) was not met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision thereof, means that at least three workers
with a workforce of fewer than 50 workers or five percent of the
workers with a workforce of 50 or more.
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 in this
investigation, I determine that all workers at Penn Mould
Industries, Inc., Washington, Pennsylvania are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of May 2007

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






- 2 -