Certified
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TAW-62138  /  Maine Fence Company (Pittsfield, ME)

Petitioner Type: Company
Impact Date: 09/11/2006
Filed Date: 09/13/2007
Most Recent Update: 10/10/2007
Determination Date: 10/10/2007
Expiration Date: 10/10/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,138

MAINE FENCE COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM WORLD WIDE PERSONNEL OF
MAINE/ASMARA HUMAN RESOURCES
PITTSFIELD, MAINE

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 September 13, 2007 in
response to a petition filed by a company official on behalf of
workers at Maine Fence Company, Pittsfield, Maine. The workers at
the subject firm produce cedar fencing materials; they are not
separately identifiable by articles produced.
The subject firm leased on-site workers from World Wide
Personnel of Maine/Asmara Human Resources.
The investigation revealed that sales, production, and
employment at the subject firm decreased from January through
August 2007 as compared to the same time period the previous year.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of cedar fencing
materials during 2005, 2006 and January through August 2007 over
the corresponding 2006 period. The survey revealed increased
imports of cedar fencing material during the relevant period.
In addition, 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 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 an increase in imports of articles
like or directly competitive with cedar fencing materials produced
by the subject firm 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 Maine Fence Company, including on-site leased
workers from World Wide Personnel of Maine/Asmara Human
Resources, Pittsfield, Maine, who became totally or partially
separated from employment on or after September 11, 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 10th day of October 2007



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