DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,858

HOUSEHOLD UTILITIES, INC.
KIEL, WISCONSIN

Notice of Revised Determination
on Reconsideration

On April 17, 2008, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on April 23, 2008 (73 FR
21988).
The previous investigation initiated on February 15, 2008,
resulted in a negative determination issued on March 5, 2008, was
based on the finding that sales and production of industrial
parts, medical carts and medical cabinets increased in 2007 as
compared to 2006 and no shift in production to a foreign source
occurred. The denial notice was published in the Federal Register
on March 21, 2008 (73 FR 15218).
In the request for reconsideration, the petitioner alleged
that sales and production decreased in 2008 and customers of the
subject firm shifted production abroad.
The Department requested from the subject firm sales and
production information for January and February 2008. New
information revealed that sales and production of industrial
parts, medical carts and medical cabinets decreased in January
and February 2008 when compared with the same period in 2007.
Upon further investigation it has also been determined that
Household Utilities, Inc., Kiel, Wisconsin supplied industrial
parts for marine outboard motors and plastic molded parts, and at
least 20 percent of its production or sales is supplied to a
manufacturer whose workers were certified eligible to apply for
adjustment assistance. The parts supplied were related to the
article that was the basis of certification.
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 additional facts obtained on
reconsideration, I determine that workers of Household Utilities,
Inc., Kiel, Wisconsin qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974, as amended.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Household Utilities, Inc., Kiel, Wisconsin,
who became totally or partially separated from employment on
or after February 13, 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 also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."

Signed in Washington, D.C. this 29th day of May 2008.

/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-62,858

HOUSEHOLD UTILITIES INCORPORATED
KIEL, WISCONSIN

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 February 15, 2008 in
response to a petition filed by a company official on behalf of
workers of Household Utilities Incorporated, Kiel, Wisconsin. The
workers produce industrial parts, medical carts and medical
cabinets, Workers are not separately identifiable by product
produced.
The investigation revealed that criterion (a)(2)(A)(I.B.) and
(a)(2)(B)(II.B.) have not been met.
The investigation revealed that sales and production of
industrial parts, medical carts and medical cabinets increased in
full year 2007 as compared to 2006.
The investigation revealed that the subject firm did not
import or shift production of industrial parts, medical carts and
medical cabinets to a foreign country during the relevant period.
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 the
investigation, I determine that all workers of Household Utilities
Incorporated, Kiel, Wisconsin, 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 5th day of March 2008.


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







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