DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,816

MERKEL FREUDENBERG, INC.
SUBSIDIARY OF FREUDENBERG-NOK GENERAL PARTNERSHIP
FLUID POWER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM AVENTURE STAFFING
SPENCER, IOWA

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 November 10, 2009 by a state workforce official on
behalf of workers of Merkel Freudenberg, Inc., subsidiary of
Freudenberg-NOK General Partnership, Fluid Power Division
(hereinafter referred to as Merkel Freudenberg, Fluid Power
Division). The worker group includes on-site leased workers
from Aventure Staffing. The workers are engaged in activities
related to the production of urethane and thermoplastic seals
used in hydraulic cylinders.
The investigation revealed that workers of Merkel
Freudenberg, Fluid Power Division, who are engaged in
activities related to the production of urethane and
thermoplastic seals used in hydraulic cylinders, meet the
criteria for certification.
Criterion I has been met because a significant proportion
or number of the workers at the workers' firm have been
separated during the relevant period and further separations
are scheduled.
Criterion II has been met because the workers' firm is
shifting to a foreign country the production of an article
like or directly competitive with the urethane and
thermoplastic seals produced by the workers.
Criterion III has been met because the shift in
production of production of urethane and thermoplastic seals
used in hydraulic cylinders to Mexico by Merkel Freudenberg,
Fluid Power Division contributed importantly to worker group
separations at the Spencer, Iowa facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Merkel Freudenberg,
Inc., subsidiary of Freudenberg-NOK General Partnership, Fluid
Power Division, including on-site leased workers from Aventure
Staffing, Spencer, Iowa, who are engaged in activities related
to the production of urethane and thermoplastic seals used in
hydraulic cylinders, 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 Merkel Freudenberg, Inc., subsidiary of
Freudenberg-NOK General Partnership, Fluid Power Division,
including on-site leased workers from Aventure Staffing,
Spencer, Iowa, who became totally or partially separated
from employment on or after November 9, 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 May, 2010

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance