DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,216

NEXERGY, INC.
CANON CITY, COLORADO

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 by a company official on May 18, 2009 on behalf of workers
of Nexergy, Inc., Canon City, Colorado. The workers produced
battery packs for portable electronic devices.
The investigation revealed that workers of Nexergy, Inc.,
who were engaged in employment related to the production of
battery packs, meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or portion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of battery packs by Nexergy, Inc. have
declined absolutely in the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with battery
packs produced by Nexergy, Inc. have increased in the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of battery packs and or articles like or
directly competitive by Nexergy, Inc. contributed importantly
to the worker group separations and sales/production declines
at Nexergy, Inc., Canon City, Colorado.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nexergy, Inc., Canon
City, Colorado 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 Nexergy, Inc., Canon City, Colorado, 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 27th day of October, 2009

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance