DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,782

WHIRLPOOL CORPORATION
LAVERGNE DIVISION
LAVERGNE, TENNESSEE

Determinations 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 July 31, 2008, in response
to a petition filed by a company official on behalf of workers of
Whirlpool Corporation, LaVergne Division, LaVergne, Tennessee.
Workers at the subject firm were considered as separately
identifiable by product line producing air room air conditioners,
air purifiers, dehumidifiers, and built-in refrigerators.
All workers of the subject firm were certified eligible to
apply for trade adjustment assistance based on increased company
imports of room air conditioners and dehumidifiers, under petition
number TA-W-59,997, which expires on September 15, 2008.
BUILT-IN REFRIGERATORS
It is determined in this case that the requirements of
(a)(2)(A) of Section 222 have been met for workers who produced
built-in refrigerators.
Employment and production of built-in refrigerators declined
at the subject firm with the cessation of operations on August 15,
2008.
Whirlpool's import of side-by-side refrigerators, which is
like or directly competitive to built-in refrigerators, is
increasing, relative to production at the subject firm.
AIR PURIFIERS AND DEHUMIDIFIERS
It is determined in this case that the requirements of
(a)(2)(B) of Section 222 have been met for workers who produced air
purifiers and dehumidifiers.
Employment of the workers that produced air purifiers and
dehumidifiers declined absolutely with the cessation of operations
on August 15, 2008.
The subject firm shifted production of its air purifiers and
dehumidifiers from the subject firm in LaVergne, Tennessee to
China.
Moreover, company imports of air purifiers and dehumidifiers
are actual and likely to increase.
ROOM AIR CONDITIONERS
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II. A) have not been met.
All workers engaged in employment related to the production of
room air conditioners were separated from the subject firm more
than one year before the date of the petition. Section 223 (b) of
the Act specifies that no certification may apply to any worker
whose last separation occurred more than one year before the date
of the petition.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
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 for workers that produced air purifiers, dehumidifiers,
and built-in refrigerators.
A significant number of workers engaged in the production of
air purifiers, dehumidifiers, and built-in refrigerators at the
subject firm are age 50 or over and do not possess skills that are
easily transferable. Competitive conditions within the industry
are adverse.
Additionally, since workers engaged in the production of room
air conditioners 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 increases of imports of articles
like or directly competitive with built-in refrigerators produced
at Whirlpool Corporation, LaVergne Division, LaVergne, Tennessee
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at the firm or
subdivision. Furthermore, I also determine that that there was a
shift in production of air purifiers and dehumidifiers from the
subject firm to a foreign country of articles that are like or
directly competitive with those produced by the subject firm, and
there has been or is likely to be an increase in imports of like or
directly competitive articles. In accordance with the provisions
of the Act, I make the following certification:
"Workers of Whirlpool Corporation, LaVergne Division,
LaVergne, Tennessee engaged in the production of air
purifiers, dehumidifiers, and built-in refrigerators who
became totally or partially separated from employment on or
after September 16, 2008 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;" and







I further determine that workers of Whirlpool Corporation,
LaVergne Division, LaVergne, Tennessee engaged in the production of
room air conditioners 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 September 2008


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