DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,471

KELMAN GLASS, LLC, DBA L.E. SMITH GLASS COMPANY
MOUNT PLEASANT, 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:
(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 by the United Steel Workers (USW), District 10 on February
17, 2010 on behalf of workers of Kelman Glass, LLC, dba L.E.
Smith Glass Company, Mount Pleasant, Pennsylvania (Kelman Glass,
LLC). Workers at the subject firm were engaged in activities
related to the production of glassware. The workers are not
separately identifiable by product.
The investigation revealed that workers of Kelman Glass,
LLC, dba L.E. Smith Glass Company, Mount Pleasant, Pennsylvania
who were engaged in activities related to the production of
glassware 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/or production of glassware by the subject firm decreased
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with glassware produced
by Kelman Glass, LLC have increased. Specifically, the
Department of Labor conducted a survey of the subject firm's
major declining customer regarding its purchases of glassware
during the relevant period. The survey revealed increased
customer reliance on imported glassware.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of glassware by a customer of Kelman
Glass, LLC contributed importantly to the worker group
separations and sales/production declines at Kelman Glass, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kelman Glass, LLC,
dba L.E. Smith Glass Company, Mount Pleasant, Pennsylvania, who
were engaged in activities related to the production of
glassware 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 Kelman Glass, LLC, dba L.E. Smith Glass
Company, Mount Pleasant, Pennsylvania, who became totally
or partially separated from employment on or after February
3, 2009, 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 17th day of September 2010


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