DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,927

IRWIN INDUSTRIAL TOOL
DEWITT, NEBRASKA

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 August 5, 2009 by a Nebraska state workforce official on
behalf of workers of Irwin Industrial Tool, Dewitt, Nebraska. The
remaining workers are engaged in administrative work regarding the
shutdown of a tool manufacturing facility.
Workers at the subject firm were certified eligible to apply
for TAA certification on August 31, 2007. That certification
expired on August 31, 2009.
This investigation revealed that workers of Irwin Industrial
Tool, who were engaged in employment related to the production of
hand tools, meet the criteria for certification.
Criterion I has been met because employment will decline
absolutely with the closure of the Dewitt facility anticipated to
take place on December 31, 2009.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in production
of hand tools to China by Irwin Industrial Tool contributed
importantly to worker group separations at Irwin Industrial Tool.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Irwin Industrial Tool,
Dewitt, Nebraska, who were engaged in employment related to the
production of hand tools, 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 Irwin Industrial Tool, Dewitt, Nebraska, who
became totally or partially separated from employment on or
after September 1, 2009, 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 16th day of October, 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance