DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,698

FILTRAN, INC.
INCLUDING ON-SITE LEASED WORKERS OF PENSKI
ODGENSBURG, NEW YORK

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)(B) of
Section 222 have been met.
The investigation was initiated on July 16, 2008 in response
to a petition filed by on behalf of workers at Filtran, Inc.,
Penski, Ogdensburg, New York. The workers produce electrical
transformers and inductors. The workers are not separately
identifiable by product line.
Filtran, Inc. leased workers from Penski to work on-site at
the Ogdensburg, New York facility.
The decline in employment at the subject plant is related to a
shift in production of electrical transformers and inductors to a
country (Canada) that is a party to a free trade agreement with the
United States.
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 Section 246 (1)
has not been met.
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 Canada 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 Filtran, Inc., including on-site leased
workers of Penski, Ogdensburg, New York, who became totally or
partially separated from employment on or after July 7, 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.
I further determine that all workers of Filtran, Inc.,
including on-site leased workers of Penski, Ogdensburg, New
York 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 30th day of July 2008.


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