Certified
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TAW-73576  /  BE Aerospace, Inc. (Winston Salem, NC)

Petitioner Type: Workers
Impact Date: 02/17/2009
Filed Date: 02/26/2010
Most Recent Update: 06/11/2010
Determination Date: 06/11/2010
Expiration Date: 06/11/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,576

BE AEROSPACE, INC.
ENGINEERING SERVICES GROUP
WINSTON SALEM, 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:
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 February 26, 2010 on behalf of workers of BE Aerospace,
Inc., Engineering Services Group, Winston Salem, North Carolina
(BE Aerospace, Inc.). Workers are engaged in activities related
to engineering services. The workers are not separately
identifiable.
The investigation revealed that workers of BE Aerospace,
Inc. who are engaged in activities related to engineering
services meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers at the workers' firm have become totally or
partially separated.
Criterion II has been satisfied because the workers firm
has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the
workers.
Criterion III has been met because the shift of engineering
services to India by BE Aerospace, Inc. contributed importantly
to worker group separations at BE Aerospace, Inc.






Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BE Aerospace, Inc.,
Engineering Services Group, Winston Salem, North Carolina, who
are engaged in activities related to engineering services 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 BE Aerospace, Inc., Engineering Services
Group, Winston Salem, North Carolina, who became totally or
partially separated from employment on or after February 17,
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 11th day of June, 2010.


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