DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,499

WHIRLPOOL CORPORATION
BENTON HARBOR, MICHIGAN

TA-W-64,499A

WHIRLPOOL CORPORATION
ST. JOSPEH, MICHIGAN

TA-W-64,499B

WHIRLPOOL CORPORATION
LAUNDRY COMPONENTS
BENTON HARBOR, MICHIGAN

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 November 21, 2008, in
response to a petition filed by a state agency representative on
behalf of workers of Whirlpool Corporation, Benton Harbor, Michigan
(TA-W-64,499) engaged in administrative functions; Whirlpool
Corporation, St. Joseph, Michigan (TA-W-64,499A) engaged in
administrative functions; and Whirlpool Corporation, Laundry
Component Facility, Benton Harbor, Michigan producing laundry
component parts (TA-W-64,499B).

TA-W-64,499 and TA-W-64,499A
It is determined in this case that the requirements of
(a)(2)(B) of Section 222 have been met for these workers.
A significant number or proportion of workers at the subject
firms have become separated from employment or are threatened to
become separated from employment.
The Department has determined that the worker groups are in
support of household appliance (refrigerators, freestanding ranges,
cooking products, etc.) production at Whirlpool Corporation in:
Fort Smith, Arkansas; Oxford, Mississippi; LaVergne, Tennessee; and
Cleveland, Tennessee.
The decline, or threat thereof, in employment at the subject
firms is related to a shift in production of household appliances.
Workers of:
Whirlpool Corporation, Fort Smith, Arkansas were certified
eligible to apply for trade adjustment assistance on October
1, 2008 based on a shift in the production of side-by-side
refrigerators to Mexico, TA-W-64,085.

Whirlpool Corporation, Oxford, Mississippi were certified
eligible to apply for trade adjustment assistance on October
1, 2008 based on a shift in production of cooking products
(household ovens, stove tops, and microwaves) to Mexico, TA-W-
63,990.

Whirlpool Corporation, LaVergne, Tennessee were certified
eligible to apply for trade adjustment assistance on September
5, 2008 based on a shift in production of air purifiers and
dehumidifiers to China with imports actual or likely to
increase, TA-W-63,782.

Whirlpool Corporation, Workers Producing 20" Freestanding
Range, Cleveland, Tennessee were certified eligible to apply
for trade adjustment assistance on May 7, 2008 based on a
shift in production of 20" freestanding ranges to Mexico, TA-
W-63,162.
TA-W-64,449B
The investigation revealed that criterion (a)(2)(B)(II.A) was
not met.
A significant number or proportion of workers at the subject
firm was not separated from employment or threatened to become
separated from employment.
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 of TA-W-64,499 and TA-W-64,499A.
A significant number of workers at the subject firms are age
50 or over and do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Additionally, since workers of TA-W-64,499B 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 there was a shift in production
from Whirlpool Corporation in: Fort Smith, Arkansas; Oxford,
Mississippi; LaVergne, Tennessee; and Cleveland, Tennessee to
Mexico of articles that are like or directly competitive with those
produced by Whirlpool Corporation in: Fort Smith, Arkansas; Oxford,
Mississippi; LaVergne, Tennessee; and Cleveland, Tennessee. In
accordance with the provisions of the Act, I make the following
certification:
"Workers of Whirlpool Corporation, Benton Harbor, Michigan
(TA-W-64,499) engaged in administrative functions and
Whirlpool Corporation, St. Joseph, Michigan (TA-W-64,499A)
engaged in engaged in administrative functions who became
totally or partially separated from employment, on or after
November 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."





I also determine that workers of Whirlpool Corporation,
Laundry Component Division, Benton Harbor, Michigan (TA-W-64,499B)
engaged in the production of laundry component parts 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 30th day of March 2009

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