Certified
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TAW-72839  /  United States Metal Powders, Inc. (Flemington, NJ)

Petitioner Type: Union
Impact Date: 11/06/2008
Filed Date: 11/13/2009
Most Recent Update: 06/18/2010
Determination Date: 06/18/2010
Expiration Date: 06/18/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,839

UNITED STATES METAL POWDERS, INC.
FORMERLY KNOWN AS UNITED STATES BRONZE POWDERS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM THEOREM CORPORATION
FLEMINGTON, NEW JERSEY

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 November 13, 2009, on behalf of workers of United
States Metal Powders, Inc., formerly known as United States
Bronze Powders, Inc., Flemington, New Jersey. Workers at the
subject firm are engaged in employment related to the production
of nonferrous metal powders. The worker group includes on-site
leased workers from Theorem Corporation.
The investigation further revealed that workers of the
subject firm, who are engaged in employment related to the
production of nonferrous metal powders, meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers the subject firm have
become totally or partially separated, or threatened with such
separation, during the relevant period.
Section 222(a)(2)(A)(i) has been met because subject firm
sales and/or production decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with nonferrous metal
powders have increased. Specifically, the Department of Labor
conducted a survey of the subject firm's major declining
customers regarding their purchases of non ferrous metal powders
(and like or directly competitive articles) during the relevant
period. The survey revealed increased customer reliance on
imports of articles like or directly competitive with those
produced by the subject firm.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and sales/production declines at the
Flemington, New Jersey facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of United States Metal
Powders, Inc., formerly known as United States Bronze Powders,
Inc., including on-site leased workers from Theorem
Corporation, Flemington, New Jersey, who are engaged in
employment related to the production of nonferrous metal
powders, 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 United States Metal Powders, Inc.,
formerly known as United States Bronze Powders, Inc.,
including on-site leased workers from Theorem
Corporation, Flemington, New Jersey, 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 18th day of June, 2010

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