DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,564

GEMEINHARDT, LLC
ELKHART, INDIANA

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 20, 2009 by an official from the International
Brotherhood of Teamsters, local 364, on behalf of workers of
Gemeinhardt, LLC, Elkhart, Indiana. The workers produce flutes
and piccolos.
The investigation revealed that workers of Gemeinhardt,
LLC, who are engaged in employment related to the production of
flutes and piccolos, meet the criteria for certification.
Section 222(a)(1) has been met because at least five
percent of the workers were separated during the last year.
Section 222(a)(2)(A)(ii) has been met because imports of
flutes and piccolos by Gemeinhardt, LLC, have increased.
Specifically, production declines coincided with a relative
increased reliance on imports.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased reliance on imports of flutes and piccolos by
Gemeinhardt, LLC contributed importantly to the worker group
separations and production declines at Gemeinhardt, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gemeinhardt, LLC, who
are engaged in employment related to the production of flutes
and piccolos, 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 Gemeinhardt, LLC, Elkhart, Indiana, who
became totally or partially separated from employment on or
after May 20, 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 10th day of November, 2009


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