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TAW-72838  /  Will and Baumer Candle Company, LLC (Liverpool, NY)

Petitioner Type: Company
Impact Date: 11/06/2008
Filed Date: 11/13/2009
Most Recent Update: 04/06/2010
Determination Date: 04/06/2010
Expiration Date: 04/06/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,838

WILL & BAUMER CANDLE COMPANY, LLC
INCLUDING ON-SITE LEASED WORKERS FROM FIRST CHOICE STAFFING
LIVERPOOL, NEW YORK

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 13, 2009, by a company official on behalf of
workers of Will & Baumer Candle Company, LLC, Liverpool, New
York. The workers produce candles. The worker group includes
on-site lease workers from First Choice Staffing.
The investigation revealed that workers of Will & Baumer
Candle Company, LLC who are engaged in employment related to
the production of candles meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers were separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in
production of candles to Vietnam and India contributed
importantly to worker group separations at Will & Baumer
Candle Company, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Will & Baumer Candle
Company, LLC, Liverpool, New York, who are engaged in
employment related to the production of candles 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 Will & Baumer Candle Company, LLC,
including on-site leased workers from First Choice
Staffing, Liverpool, New York, who became totally or
partially separated from employment on or after November 6,
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 6th day of April, 2010


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