Certified
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TAW-73079  /  Leviton Manufacturing Company (West Jefferson, NC)

Petitioner Type: Workers
Impact Date: 12/10/2008
Filed Date: 12/11/2009
Most Recent Update: 03/30/2010
Determination Date: 03/30/2010
Expiration Date: 03/30/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,079

LEVITON MANUFACTURING COMPANY
SOUTHERN DEVICES DIVISION
WEST JEFFERSON, NORTH CAROLINA

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 December 11, 2009 on behalf of workers of Leviton
Manufacturing Company, Southern Devices Division, West
Jefferson, North Carolina (Leviton Manufacturing Company).
The workers are engaged in activities related to the production
of urea wall plates. The workers are not separately identifiable
by product.
The investigation revealed that workers of Leviton
Manufacturing Company who are engaged in activities related to
the production of urea wall plates meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
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 urea wall plates decreased during the
relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with the
urea wall plates produced at the subject firm have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of urea wall plates contributed importantly
to the worker group separations and sales/production declines
at Leviton Manufacturing Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Leviton Manufacturing
Company, Southern Devices Division, West Jefferson, North
Carolina, who are engaged in activities related to production of
urea wall plates, 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 Leviton Manufacturing Company, Southern
Devices Division, West Jefferson, North Carolina, who
became totally or partially separated from employment on or
after December 10, 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 30th day of March 2010


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