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TAW-72632  /  Modine Manufacturing Company (Camdenton, MO)

Petitioner Type: Workers
Impact Date: 09/28/2008
Filed Date: 10/20/2009
Most Recent Update: 06/11/2010
Determination Date: 06/11/2010
Expiration Date: 06/11/2012

DEPARTMENT OF LABOR
Employment and Training Administration


TA-W-72,632

MODINE MANUFACTURING COMPANY
A SUBSIDIARY OF MODINE MANUFACTURING COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, INC., CAREERS PRO, INC., MANPOWER, INC., PENMAC, INC.
CAMDENTON, MISSOURI


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 20, 2009 on behalf of workers of Modine
Manufacturing Company, a subsidiary of Modine Manufacturing
Company, Camdenton, Missouri (Modine Camdenton). Workers at the
subject firm are engaged in activities related to the production
of aluminum oil coolers and aluminum charge air coolers for
off-highway equipment. The workers are not separately
identifiable by products produced.
The investigation revealed that the worker group at the
subject firm includes on-site leased workers from Aerotek, Inc.,
Careers Pro, Inc., Manpower, Inc., Penmac, Inc.
The investigation further revealed that workers of Modine
Camdenton who are engaged in activities related to the
production of aluminum oil coolers and aluminum charge air
coolers for off-highway equipment meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of aluminum oil coolers and aluminum charge
air coolers for off-highway equipment by the subject firm
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with aluminum oil
coolers and aluminum charge air coolers for off-highway
equipment produced by Modine Camdenton have increased.
Specifically, the Department of Labor conducted a survey of the
subject firm's major declining customers regarding their
purchases of aluminum oil coolers and aluminum charge air
coolers for off-highway equipment during the relevant period.
The survey revealed increased customer reliance on imported
aluminum oil coolers and aluminum charge air coolers for off-
highway equipment.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of aluminum oil coolers and aluminum
charge air coolers for off-highway equipment by customers of
Modine Camdenton contributed importantly to the worker group
separations and sales/production declines at Modine Camdenton.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Modine Manufacturing
Company, a subsidiary of Modine Manufacturing Company, including
on-site leased workers from Aerotek, Inc., Careers Pro, Inc.,
Manpower, Inc., Penmac, Inc., Camdenton, Missouri, who are
engaged in activities related to the production of aluminum oil
coolers and aluminum charge air coolers for off-highway
equipment 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 Modine Manufacturing Company, a subsidiary
of Modine Manufacturing Company, including on-site leased
workers from Aerotek, Inc., Careers Pro, Inc., Manpower,
Inc., Penmac, Inc., Camdenton, Missouri, who became totally
or partially separated from employment on or after
September 28, 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 11th day of June 2010


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