DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,159

RHI MONOFRAX, LTD
FALCONER, NEW YORK

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 June 11, 2009 by a company official on behalf of
workers of RHI Monofrax, Ltd, Falconer, New York. The workers
are engaged in employment related to the production of fused
cast refractories.
The investigation revealed that workers of RHI Monofrax,
Ltd, Falconer, New York, who are engaged in employment related
to the production of fused cast refractories, meet the
criteria for certification.
Criterion I has been met because a significant portion of
the workers have become separated at the Falconer, New York
location during the relevant period.
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 Falconer, New York location.
Criterion III has been met because the shift in
production to Italy by RHI Monofrax, Ltd contributed
importantly to worker separations at the Falconer, New York
facility.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Monofrax, Ltd,
Falconer, New York, 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 Monofrax, Ltd, Falconer, New York, who
became totally or partially separated from employment on or
after June 10, 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 4th day of March, 2010


/s/Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance