DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,289

RAINBOW PLAY SYSTEMS INCORPORATED
ALBERT LEA, MINNESOTA

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 January 15, 2010 by a company official on behalf of
workers of Rainbow Play Systems, Inc., Albert Lea, Minnesota.
The workers are engaged in the supply of packaging and
distribution services of swing sets.
The investigation revealed that workers of Rainbow Play
Systems, Inc., Albert Lea, Minnesota, meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers at the subject firm has been totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because the subject firm has
shifted to a foreign country the supply of services like or
directly competitive with those supplied by the workers.
Criterion III has been met because the shift of services
to China contributed importantly to worker group separations
at the Albert Lea, Minnesota facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Rainbow Play Systems,
Inc., Albert Lea, Minnesota 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 Rainbow Play Systems, Inc., Albert Lea,
Minnesota, who became totally or partially separated from
employment on or after January 14, 2009, 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 13th day of May, 2010


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