Certified
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TAW-73990  /  Trinity North American Freight Car, Inc. (Fort Worth, TX)

Petitioner Type: State
Impact Date: 04/23/2009
Filed Date: 04/26/2010
Most Recent Update: 09/17/2010
Determination Date: 09/17/2010
Expiration Date: 09/17/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,990

TRINITY NORTH AMERICAN FREIGHT CAR, INC
FREIGHT CAR
PLANT #26
FORT WORTH, TEXAS

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 April 26, 2010 by a state workforce office on behalf
of workers of Trinity North American Freight, Inc., Freight Car,
Plant #26, Fort Worth, Texas (Trinity). The workers are engaged
in activities related to the production of freight railcars.
The investigation revealed that workers of Trinity who are
engaged in activities related to the production of freight
railcars meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales of
freight railcars by Trinity have decreased absolutely during
the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with freight
rail cars by Trinity have increased. Specifically, customers
of Trinity have increased their imports of freight railcars
like or directly competitive with those produced by Trinity
during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of freight railcars by customers of
Trinity contributed importantly to the worker group
separations and sales declines at Trinity.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Trinity North
American Freight, Inc., Freight Car, Plant #26, Fort Worth,
Texas, who are engaged in activities related to the production
of freight railcars 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 Trinity North American Freight, Inc.,
Freight Car, Plant #26, Fort Worth, Texas, who became
totally or partially separated from employment on or after
April 23, 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