DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,947

LUVATA FRANKLIN INCORPORATED
ACR TUBES DIVISION
A WHOLLY OWNED SUBSIDIARY OF LUVATA OY
INCLUDING ON-SITE LEASED WORKERS FROM ROBERT HALF MANAGEMENT
RESOURCES
FRANKLIN, KENTUCKY

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 7, 2009, by a company official on behalf of
workers of Luvata Franklin, Inc., ACR Tubes Division, a wholly
owned subsidiary of Luvata Oy, iFranklin, Kentucky (Luvata).
The workers produce three different types of copper tubes
(Smooth Tube, Inner Grooved Tube, and Hairpin Tube) for heat
exchange coils, and are not separately identified by product
line or article. The worker group includes on-site leased
workers of Robert Half Management Resources.
The investigation revealed that workers of Luvata who are
engaged in employment related to the production of copper
tubes meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers who produce the copper tubes at Luvata have
become separated, or are threatened with separation, during
the relevant period.
Criterion II has been met because Luvata is shifting to
Mexico the production of articles like or directly competitive
with the copper tubes produced by the subject workers.
Criterion III has been met because the shift in
production to Mexico by Luvata contributed importantly to
worker group separations at the Franklin, Kentucky facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Luvata Franklin,
Inc., ACR Tubes Division, a wholly owned subsidiary of Luvata
Oy, Franklin, Kentucky, who are engaged in employment related
to the production of copper tubes 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 Luvata Franklin, Inc., ACR Tubes Division,
a wholly owned subsidiary of Luvata Oy, including on-site
leased workers of Robert Half Management Resources,
Franklin, Kentucky, who became totally or partially
separated from employment on or after August 5, 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 28th day of September, 2009


/s/Del Min Amy Chen
______________________________
Del Min Amy Chen
Certifying Officer, Division of
Trade Adjustment Assistance