Certified
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TAW-74091  /  Moore Flame Cutting Co. (Sterling Heights, MI)

Petitioner Type: Workers
Impact Date: 04/30/2009
Filed Date: 05/14/2010
Most Recent Update: 10/07/2010
Determination Date: 10/07/2010
Expiration Date: 10/07/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,091

MOORE FLAME CUTTING CO.
STERLING HEIGHTS, MICHIGAN

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 May 14, 2010 on behalf of workers of Moore Flame
Cutting Co., Sterling Heights, Michigan (Moore Flame). The
workers were engaged in activities related to the production of
fabricated heavy plate and structural steel primarily serving
the automotive and construction industries. Workers are not
separated identifiable by product line.
The investigation revealed that workers of Moore Flame who
were engaged in activities related to the production of
fabricated heavy plate and structural steel meet the criteria
for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at the workers' firm have
been separated or threatened with worker separation.
Section 222(a)(2)(A)(i) has been met because the
production of fabricated heavy plate and structural steel at
Moore Flame decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with fabricated
structural steel produced by Moore Flame have increased. The
Department of Labor conducted a survey of Moore Flame's major
declining customers regarding purchases of fabricated heavy
plate and structural steel during 2008, 2009, and January
through June 2010. The survey revealed an increased reliance
on imported fabricated structural steel during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
an increased reliance on imported fabricated structural steel
by Moore Flame's customers contributed importantly to the
worker group separations and sales declines at Moore Flame.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Moore Flame Cutting
Co., Sterling Heights, Michigan, who were engaged in activities
related to the production of fabricated heavy plate and
structural steel 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 Moore Flame Cutting Co., Sterling Heights,
Michigan, who became totally or partially separated from
employment on or after April 30, 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 7th day of October, 2010


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