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TAW-73306  /  Lynn Ladder and Scaffolding Co., Inc. (Orwigsburg, PA)

Petitioner Type: Workers
Impact Date: 01/06/2009
Filed Date: 01/19/2010
Most Recent Update: 04/16/2010
Determination Date: 04/16/2010
Expiration Date: 04/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,306

LYNN LADDER & SCAFFOLDING CO., INC.
ORWIGSBURG, PENNSYLVANIA


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 19, 2010 on behalf of Lynn Ladder &
Scaffolding Co., Inc., Orwigsburg, Pennsylvania (Lynn Ladder &
Scaffolding Co., Inc.). The workers are engaged in activities
related to the production of ladders and aluminum planks. The
workers are not separately identifiable by product.
The investigation revealed that workers of Lynn Ladder &
Scaffolding Co., Inc., Orwigsburg, Pennsylvania, who are
engaged in activities related to the production of ladders and
aluminum planks meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or 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 production of ladders and aluminum planks 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
ladders and aluminum planks produced at the subject firm have
increased.
Section 222(a)(2)(A)(iii) has been met because increased
imports of articles like or directly competitive with ladders
and aluminum planks contributed importantly to the worker
group separations and declines in sales and production at Lynn
Ladder & Scaffolding Co., Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lynn Ladder &
Scaffolding Co., Inc., Orwigsburg, Pennsylvania, who are
engaged in activities related to production of ladders and
aluminum planks, 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 Lynn Ladder & Scaffolding Co., Inc.,
Orwigsburg, Pennsylvania, who became totally or partially
separated from employment on or after January 6, 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 16th day of April 2010


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