Certified
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TAW-73552  /  Lincoln Food Service Products, LLC (Fort Wayne, IN)

Petitioner Type: Union
Impact Date: 02/22/2009
Filed Date: 02/23/2010
Most Recent Update: 06/08/2010
Determination Date: 06/08/2010
Expiration Date: 06/08/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,552

LINCOLN FOOD SERVICE PRODUCTS, LLC
A WHOLLY OWNED SUBSIDIARY OF THE MANITOWAC COMPANY, INC.
SMALLWARES
FORT WAYNE, INDIANA

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 February 23, 2010 by the Sheet Metal Workers
International Association, Local 237 (SMWIA) on behalf of
workers of Lincoln Food Service Products, LLC, a wholly owned
subsidiary of the Manitowac Company, Inc., Smallwares, Fort
Wayne, Indiana (Lincoln). The workers are engaged in
activities related to the production of aluminum commercial
cooking products.
The investigation revealed that workers of Lincoln who are
engaged in activities related to the production of aluminum
commercial cooking products meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Lincoln have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of aluminum commercial cooking products by
Lincoln have decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with aluminum commercial
cooking products by Lincoln have increased. Specifically,
customers of Lincoln have increased their import purchases of
articles like or directly competitive with aluminum commercial
cooking products produced by Lincoln during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of aluminum commercial cooking products
by customers of Lincoln contributed importantly to the worker
group separations and sales/production declines at Lincoln.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lincoln Food Service
Products, LLC, a wholly owned subsidiary of the Manitowac
Company, Inc., Smallwares, Fort Wayne, Indiana, who are engaged
in activities related to the production of aluminum commercial
cooking products 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 Lincoln Food Service Products, LLC, a
wholly owned subsidiary of the Manitowac Company, Inc.,
Smallwares, Fort Wayne, Indiana, who became totally or
partially separated from employment on or after February
22, 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 8th day of June, 2010.

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