Certified
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TAW-72196  /  Wheeling LaBelle Nail Company (Wheeling, WV)

Petitioner Type: Union
Impact Date: 09/01/2008
Filed Date: 09/02/2009
Most Recent Update: 04/01/2010
Determination Date: 04/01/2010
Expiration Date: 04/01/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,196

WHEELING LABELLE NAIL COMPANY
WHEELING, WEST VIRGINIA

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 September 2, 2009 by United Steelworkers Local 8851-01
on behalf of workers of Wheeling Labelle Nail Company,
Wheeling, West Virginia. The workers produce steel-cut masonry
nails.
The investigation revealed that workers of Wheeling Labelle
Nail Company who are engaged in employment related to the
production of steel-cut masonry nails meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
proportion of the workers have been partially separated during
the period of investigation.
Section 222(a)(2)(A)(i) has been met because the sales
and production of steel-cut masonry nails by Wheeling Labelle
Nail Company have decreased absolutely during the period of
investigation.
Section 222(a)(2)(A)(ii) has been met because U.S.
aggregate imports of articles like or directly competitive
with steel-cut masonry nails produced by Wheeling Labelle have
increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and sales/production declines at Wheeling
Labelle Nail Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Wheeling Labelle Nail
Company, Wheeling, West Virginia, who are engaged in employment
related to the production of steel-cut masonry nails 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 Wheeling Labelle Nail Company, Wheeling,
West Virginia, who became totally or partially separated
from employment on or after September 1, 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 1st day of April, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance