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TAW-70670  /  PIHT, LLC (Saint Marys, PA)

Petitioner Type: Company
Impact Date: 05/20/2008
Filed Date: 05/28/2009
Most Recent Update: 06/25/2009
Determination Date: 06/25/2009
Expiration Date: 06/25/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,670

PIHT, LLC
A SUBSIDIARY OF BLUEWATER THERMAL PROCESSING
SAINT MARYS, PENNSYLVANIA

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(c) of the Act, 19 U.S.C. § 2272(a), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on May 28, 2009, by a company official on behalf of
workers of PIHT, LLC, a subsidiary of Bluewater Thermal
Processing, Saint Marys, Pennsylvania (PIHT, LLC). The workers
provide heat treating of metal parts. The petitioner alleges
that the decline in sales and employment at the subject
facility is due to foreign competition for the products
produced by their customers.
The investigation revealed that workers of PIHT, LLC who
are engaged in employment related to heat treating of metal
parts meet the criteria as a Downstream Producer for secondary
worker certification.
Criterion I has been met because employment at the
subject facility declined by more than 20 percent during the
period of January through April 2009 compared with the same
period of 2008.
Criterion II has been satisfied because workers of PIHT,
LLC who are engaged in employment related to providing heat
treatment of metal parts for GKN Sinter Metals, Sinter Metals
Division, a subsidiary of GKN Sinter Metals, Emporium
Pennsylvania, whose workers are certified eligible to apply
for adjustment assistance under petition number TA-63,883
based on increased imports of powdered metal parts.
Criterion III has been met because the loss of business
by PIHT, LLC with GKN Sinter Metals contributed importantly to
the worker separations at PIHT, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of PIHT, LLC, a
subsidiary of Bluewater Thermal Processing, Saint Marys,
Pennsylvania, who are engaged in employment related to providing
heat treating of metal parts 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 PIHT, LLC, a subsidiary of Bluewater
Thermal Processing, Saint Marys, Pennsylvania, 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 25th day of June, 2009.


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance