Certified
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TAW-71386  /  LDS Test and Measurement, LLC (Middleton, WI)

Petitioner Type: State
Impact Date: 06/23/2008
Filed Date: 06/24/2009
Most Recent Update: 03/05/2010
Determination Date: 03/05/2010
Expiration Date: 03/05/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,386

LDS TEST AND MEASUREMENT LLC
NOW KNOWN AS HBM LDS TEST AND MEASUREMENT LLC
A SUBSIDIARY OF BRÜEL & KJAER
MIDDLETON, WISCONSIN


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 24, 2009 by the state Trade Adjustment Assistance
Coordinator on behalf of workers of LDS Test and Measurement,
now known as HBM LDS Test and Measurement, a subsidiary of Brüel
and Kjaer, Middleton, Wisconsin (LDS). The workers are engaged
in activities related to the production of measurement
instrumentation.
The investigation revealed that workers of LDS who are
engaged in activities related to the production of measurement
instrumentation meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because 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.
Criterion III has been met because the shift of
activities related to the production of measurement
instrumentation to Denmark, England, and Germany by LDS
contributed importantly to worker group separations at LDS.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of LDS Test and
Measurement, now known as HBM LDS Test and Measurement, a
subsidiary of Brüel and Kjaer, Middleton, Wisconsin, who are
engaged in activities related to the production of measurement
instrumentation 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 LDS Test and Measurement, now known as HBM
LDS Test and Measurement, a subsidiary of Brüel and Kjaer,
Middleton, Wisconsin, who became totally or partially
separated from employment on or after June 23, 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 5th day of March, 2010.

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