DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,797

OUTOTEC (USA) INC.
CENTENNIAL, COLORADO

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 March 29, 2010 by a state workforce office on behalf of
workers of Outotec (USA) Inc., Centennial, Colorado (hereto
known as Outotec - Denver Office). The workers were engaged in
activities related to the supply of sales, support, and project
management services. The firm provides process solutions,
technologies and services for the mining and metallurgical
industries.
The investigation revealed that workers of Outotec - Denver
Office who were engaged in activities related to the supply of
sales, support, and project management services meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the firm have been separated or
threatened with separations.
Criterion II has been met because the workers' firm has
shifted to a foreign country the supply a service like or
directly competitive with the service supplied by the workers
at the subject firm.
Criterion III has been met because the shift of certain
project management functions to Canada by Outotec - Denver
Office contributed importantly to worker group separations at
Outotec - Denver Office.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Outotec (USA) Inc.,
Centennial, Colorado, who were engaged in activities related to
the supply of sales, support, and project management 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 Outotec (USA) Inc., Centennial, Colorado,
who became totally or partially separated from employment
on or after March 26, 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 29th day of October, 2010


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