Certified
« back to search results

TAW-71059  /  DuctSox Corporation (Dubuque, IA)

Petitioner Type: Workers
Impact Date: 05/27/2008
Filed Date: 06/09/2009
Most Recent Update: 02/12/2010
Determination Date: 02/12/2010
Expiration Date: 02/12/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,059

DUCTSOX CORPORATION
DUBUQUE, IOWA

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 27, 2009 by three workers on behalf of workers of
DuctSox Corporation, Dubuque, Iowa. The workers are engaged in
employment related to the production of fabric air dispersion
systems for a wide range of HVAC and refrigeration systems.
The investigation revealed that workers of DuctSox
Corporation, Dubuque, Iowa who are engaged in employment
related to the production of fabric air dispersion systems,
meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers in the workers' firm have become totally or
partially separated.
Criterion II has been met because the workers' firm is
shifting production to a foreign country of articles like or
directly competitive with the articles produced by the
workers' firm at the Dubuque, Iowa location.
Criterion III has been met because the shift in
production to China by DuctSox Corporation, Dubuque, Iowa
contributed importantly to worker separations at the Dubuque,
Iowa facility.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of DuctSox Corporation,
Dubuque, Iowa, 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 DuctSox Corporation, Dubuque, Iowa, who
became totally or partially separated from employment on or
after May 27, 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 12th day of February, 2010


/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance