DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,283

SANDVIK MINING AND CONSTRUCTION
MANSFIELD, TEXAS

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; or
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 20, 2009, by a company official on behalf of
workers of Sandvik Mining and Construction, Mansfield, Texas
(Sandvik). The workers are engaged in employment related to the
production of mining equipment (percussion hammers and bits).
The investigation revealed that workers of Sandvik who are
engaged in employment related to the production of mining
equipment meet the criteria for certification.
Criterion I has been met because a significant number of
workers at Sandvik have been separated from employment.
Criterion II has been met because Sandvik is shifting
production to Australia and Sweden articles like or directly
competitive with the mining equipment produced by workers at
Sandvik.
Criterion III has been met because the shift of
production to foreign countries by Sandvik contributed
importantly to worker separations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sandvik Mining and
Construction, Mansfield, Texas 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 Sandvik Mining and Construction, Mansfield,
Texas, who became totally or partially separated from
employment on or after May 19, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on 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 July, 2009


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