DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,653

MUNSON MACHINERY COMPANY
UTICA, NEW YORK

Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance

By letter dated June 2, 2009, a petitioner requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA) applicable to workers of the subject
firm. The negative determination was signed on May 14, 2009.
The notice of negative determination for ATAA will soon be
published in the Federal Register.
The workers of Munson Machinery Company, Utica, New York
were certified eligible to apply for Trade Adjustment Assistance
(TAA) on May 14, 2009.
The initial ATAA investigation determined that workers of
the workers’ firm possess skills that are easily transferrable.
In the request for reconsideration, the petitioner provided
additional information regarding the skills of the workers and
that the skills of the workers employed at the subject firm are
not easily transferrable to other businesses within the local
commuting area. The company official provided sufficient
information confirming this statement.
Additional investigation has determined that the workers
possess skills that are not easily transferable and that the
conditions within the industry are adverse. A significant number
or proportion of the worker group is age fifty years or over.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following revised determination:
"All workers of Munson Machinery Company, Utica, New York,
who became totally or partially separated from employment on
or after March 11, 2008 through May 14, 2011, are eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 16th day of June, 2009.



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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,653

MUNSON MACHINERY COMPANY
UTICA, 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 in response to a petition
received on March 23, 2009, and filed on behalf of workers at
Munson Machinery Company, Utica, New York. The workers produced
industrial mixers and grinders.
The investigation revealed that the declines in employment at
the subject firm are related to the subject firm shifting
production of mixers to China, and subsequently importing those
products into 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 2 has not been
met.
The investigation revealed that the workers of the workers’
firm possess skills that are easily transferable.
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 China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, 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:
"All workers of Munson Machinery Company, Utica, New York, who
became totally or partially separated from employment on or
after March 11, 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
I further determine that all workers of Munson Machinery
Company, Utica, 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 14th day of May 2009.



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







- 3 -