DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,694

INDIANA TUBE CORPORATION
A SUBSIDIARY OF WHX
EVANSVILLE, INDIANA


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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 March 27, 2009 in response
to a petition filed by a company official, on behalf of Indiana
Tube Corporation, a subsidiary of WHX, Evansville, Indiana. The
workers at the subject facility are engaged in activities related
to the production of condensers and tubing used for refrigeration
and automobile products.
Workers at the subject firm were certified eligible to apply
for trade adjustment assistance and alternative trade adjustment
assistance on April 11, 2007 (TA-W-61,174). That certification
expired on April 11, 2009.
The investigation also revealed that the preponderance of
declines in employment at the subject facility is related to a
shift in production of tubing products to a country (Mexico) 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 like or
directly competitive with tubing products produced by Indiana Tube
Corporation, a subsidiary of WHX, Evansville, Indiana. In
accordance with the provisions of the Act, I make the following
certification:
"Workers of Indiana Tube Corporation, a subsidiary of WHX,
Evansville, Indiana, who become totally or partially separated
from employment on or after April 12, 2009, 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 16th day of April 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance