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TAW-70569  /  Ainsworth Engineered, USA LLC., Cook, Minnesota, (Cook, MN)

Petitioner Type: State
Impact Date: 05/21/2008
Filed Date: 05/26/2009
Most Recent Update: 08/24/2009
Determination Date: 08/24/2009
Expiration Date: 08/24/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,569

AINSWORTH ENGINEERED, USA LLC.
COOK, MINNESOTA

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 by the Minnesota TAA Specialist on May 26, 2009 on behalf of
workers of Ainsworth Engineered USA, LLC., Cook, Minnesota. The
workers are engaged in the production of oriented strand board.
The investigation revealed that workers of the Cook, Minnesota
facility who are engaged in employment related to the production
of oriented strand board meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers has been separated.
Criterion II has been met because the workers' firm has
shifted the production of articles like or directly competitive
with oriented strand board to a foreign country.
Criterion III has been met because the shift of production
of collegiate apparel from the Cook, Minnesota facility to Canada
contributed importantly to worker group separations at that
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ainsworth Engineered
USA, LLC., Cook, Minnesota, who are engaged in employment related
to the production of oriented strand board 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 Ainsworth Engineered USA, LLC., Cook,
Minnesota, who became totally or partially separated from
employment on or after May 21, 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 24th day of August, 2009

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