DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,039

YANNI'S DESIGN, DEVELOPMENT, AND SUPPLIES, INC.
APPLETON, WISCONSIN

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
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 in response to a petition
received on March 28, 2008, and filed on behalf of workers at
Yanni's Design, Development, and Supplies, Inc., Appleton,
Wisconsin. The workers produce dental prosthetics (crowns and
bridges).
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor conducted a survey of the subject
firm's major declining customer regarding their purchases of dental
crowns during 2006, 2007, and January through March 2008 over the
corresponding 2007 period. The survey revealed that a major
customer increased their purchases of imported dental prosthetics
(crowns and bridges), while decreasing their purchases from the
subject firm during the relevant time 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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers in the workers'
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with dental prosthetics (crowns and
bridges) produced at Yanni's Design, Development, and Supplies,
Inc., Appleton, Wisconsin, 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 Yanni's Design, Development, and Supplies,
Inc., Appleton, Wisconsin, who became totally or partially
separated from employment on or after March 19, 2007, 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
I further determine that all workers of Yanni's Design,
Development, and Supplies, Inc., Appleton, Wisconsin are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.

Signed in Washington, D.C. this 23rd day of April 2008.



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