DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,607

PENGUIN LLC
STURGIS, MICHIGAN

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 26, 2009 by a company official on behalf of workers
of Penguin, LLC of Sturgis, Michigan. The workers produce resin
folding tables.
The investigation revealed that workers of Penguin, LLC,
Sturgis, Michigan who are engaged in employment related to resin
folding tables meet the criteria for certification.
Section 222(a)(1) has been met because a large group of
workers have been separated from employment.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of resin folding tables has decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with resin folding
tables by the subject firm have increased. Specifically, major
declining customers of the subject firm have increased their
purchases of imported resin folding tables while discontinuing
purchases from Penguin, LLC, Sturgis, Michigan.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of resin folding tables by customers of
Penguin, LLC, Sturgis, Michigan contributed importantly to the
worker group separations and sales/production declines at the
subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Penguin, LLC,
Sturgis, Michigan, who are engaged in employment related to
resin folding tables 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 Penguin, LLC, Sturgis, Michigan 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 13th day of October 2009.



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