Certified
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TAW-72516  /  Phoenix Engineering Corp. (Baldwin, WI)

Petitioner Type: Workers
Impact Date: 10/05/2008
Filed Date: 10/07/2009
Most Recent Update: 05/07/2010
Determination Date: 05/07/2010
Expiration Date: 05/07/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,516

PHOENIX ENGINEERING CORP.
BALDWIN, WISCONSIN

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 October 7, 2009 by three workers of Phoenix Engineering
Corp., Baldwin, Wisconsin. The workers are engaged in activities
related to producing precision machined and fabricated metal
parts.
The investigation revealed that workers of the subject firm
meet the criteria for certification.
Criterion I has been met because all workers at the
subject firm have been totally or partially separated during
the relevant period.
Criterion II has been met because customer imports of
articles like or directly competitive with those produced by
the subject firm have increased relative to total purchases
from the subject firm during the relevant period.
The U.S. Department of Labor surveyed the subject firm's
major declining customers regarding purchases of precision
machined and fabricated metal parts during January through
October 2009 over the corresponding 2008 period. The survey
revealed that customers increased their reliance on imported
articles like or directly competitive with those produced by
the subject firm during the relevant period.
Finally, Criterion III has been met because the
customers' increased their reliance on imported articles like
or directly competitive with those produced by the subject
firm contributed importantly to the worker group separations
and sales declines at the subject firm
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Phoenix Engineering
Corp., Baldwin, Wisconsin who are engaged in activities related
to producing precision machined and fabricated metal parts, 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 Phoenix Engineering Corp., Baldwin,
Wisconsin who became totally or partially separated from
employment on or after October 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 7th day of May, 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance