DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,131

NIAGARA CUTTER
REYNOLDSVILLE, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 19, 2009 on behalf of workers of Niagara Cutter,
Reynoldsville, Pennsylvania (Niagara Cutter). The workers
produce solid carbide end mills (cutting tools).
The investigation revealed that workers of Niagara Cutter
who are engaged in employment related to production of cutting
tools meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at the workers' firm have
been separated comparing the employment count for the period
of January through May 2009 over the corresponding period in
2008 (the relevant period).
Section 222(a)(2)(A)(i) has been met because the sales of
cutting tools by Niagara Cutting have decreased during the
relevant period.
Section 222(a)(2)(A)(ii) has been met because increased
imports of articles like or directly competitive with cutting
tools by Niagara Cutting have increased. Specifically, the
Department of Labor surveyed Niagara Cutter's major declining
customers regarding purchases of cutting tools (end mills to be
exact). The survey revealed increased reliance on imports of
cutting tools for the period consisting of January through May
2009 over the corresponding period in 2008.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased reliance on imports of cutting tools by customers of
Niagara Cutter contributed importantly to the worker group
separations and sales/production declines at Niagara Cutter.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Niagara Cutter,
Reynoldsville, Pennsylvania, who were engaged in employment
related to production of cutting tools meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Niagara Cutter, Reynoldsville,
Pennsylvania, who became totally or partially separated
from employment on or after May 18, 2008, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 28th day of August, 2009


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