DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,467

PHILLIPS AND TEMRO INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS OF
PEAK STAFFING, INC.
EDEN PRAIRIE, MINNESOTA

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 30, 2009, by the Minnesota Department of Economic
and Employment Development, on behalf of workers of Phillips
and Temro Industries, Inc., Eden Prairie, Minnesota (Phillips
and Temro). Workers produce air intake systems for automotive
engines, and are not separately identifiable by product line.
The worker group includes on-site leased workers of Peak
Staffing, Inc.
The investigation revealed that workers of Phillips and
Temro, who are engaged in employment related to the production
of air intake systems, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Phillips and Temro have become
totally or partially separated during the relevant period.
Criterion II has been met because Phillips and Temro is
producing articles like or directly competitive with the air
intake systems supplied by the worker group in China.
Criterion III has been met because the shift in
production of air intake systems to a foreign country
contributed importantly to worker group separations at the
Eden Prairie, Minnesota facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Phillips and Temro,
Eden Prairie, Minnesota, who are engaged in activities related
to the production of air intake systems, 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 Phillips and Temro Industrials, Inc.,
including on-site leased workers of Peak Staffing, Inc.,
Eden Prairie, Minnesota, who became totally or partially
separated from employment on or after June 24, 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 1st day of April, 2010


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