Certified
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TAW-71459  /  Eclipse Aviation Corporation (Albuquerque, NM)

Petitioner Type: Workers
Impact Date: 06/25/2008
Filed Date: 06/29/2009
Most Recent Update: 03/31/2010
Determination Date: 03/31/2010
Expiration Date: 03/31/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,459

ECLIPSE AVIATION CORPORATION
ALBUQUERQUE, NEW MEXICO

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 June 29, 2009 on behalf of workers of Eclipse Aviation
Corporation, Albuquerque, New Mexico (Eclipse). The workers
are engaged in activities related to the production of
business jets.
The investigation revealed that workers of Eclipse who are
engaged in activities related to the production of business
jets meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of business jets by Eclipse have decreased
absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with
business jets by Eclipse have increased sharply. Specifically,
United States aggregate imports of business jets have
increased sharply in comparison to the United States product
shipments of business jets decrease during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the sharp increase of U.S. aggregate imports of business jets
like or directly competitive with those produced at Eclipse
during the relevant period contributed importantly to the
worker group separations and sales/production declines at
Eclipse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eclipse Aviation
Corporation, Albuquerque, New Mexico who are engaged in
activities related to the production of business jets 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 Eclipse Aviation Corporation, Albuquerque,
New Mexico, who became totally or partially separated from
employment on or after June 25, 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 31st day of March, 2010.

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