Certified
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TAW-72362  /  P.M. Kelly, Inc. (Ashland, ME)

Petitioner Type: Workers
Impact Date: 09/18/2008
Filed Date: 09/21/2009
Most Recent Update: 07/27/2010
Determination Date: 07/27/2010
Expiration Date: 07/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,362

P.M. KELLY, INC.
REALTY ROAD
ASHLAND, MAINE

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, 19fr 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 21, 2009 on behalf of workers of P.M. Kelly,
Inc., Realty Road, Ashland, Maine. The workers are engaged in
activities related to production of hardwood and softwood
flooring.
This worker group is different from the worker group
covered under certification number TA-W-70,009 for P.M. Kelly,
Inc., Ashland, Maine, certified on September 3, 2009. That
certification number covered workers P.M. Kelly, Inc. at Clark
Siding Road, Ashland, Maine.
The investigation revealed that workers of P.M. Kelly who
are engaged in activities related to production of hardwood and
softwood flooring meet the criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of the workers have been separated.
Section 222(a)(2)(A)(i) has been met because sales and
production of hardwood and softwood flooring by P.M. Kelly
have decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because customer
reliance on imports of articles like or directly competitive
with the hardwood and softwood flooring produced by P.M. Kelly
have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased reliance on imports of hardwood and softwood
flooring by customers of P.M. Kelly contributed importantly to
the worker group separations and sales/production declines at
P.M. Kelly, Realty Road, Ashland, Maine.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of P.M. Kelly, Inc.,
Realty Road, Ashland, Maine, who were engaged in activities
related to hardwood and softwood flooring s 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 P.M. Kelly Inc., Realty Road, Ashland,
Maine, who became totally or partially separated from
employment on or after September 18, 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 27th day of July, 2010

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