DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,160

VESUVIUS USA
FOUNDRY DIVISION
BUFFALO, NEW YORK

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, 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)(B) of Section 222 have been met.
The investigation was initiated on April 8, 2008 in
response to a petition filed by the United Services Union, Local
3609, on behalf of workers of Vesuvius USA, Foundry Division,
Buffalo, New York. The workers produce crucibles, monolithics,
and pouring tubes.
Workers of the subject facility were certified eligible to
apply for trade adjustment assistance on June 24, 2004 (TA-W-
54,879). That certification expired June 24, 2006.
This investigation revealed that employment at the subject
facility declined in January through March 2008 compared to the
same period the previous year.
A substantial portion of production of the crucibles,
monolithics, and pouring tubes manufactured at Buffalo is being
shifted to Mexico, a country that is party to a free trade
agreement with the United States.
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 Mexico 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 Vesuvius USA, Foundry Division, Buffalo,
New York who became totally or partially separated from
employment on or after April 3, 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 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 23rd day of April 2008


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance