Certified
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TAW-74277  /  Westcode, Inc. (Binghamton, NY)

Petitioner Type: State
Impact Date: 06/21/2009
Filed Date: 06/22/2010
Most Recent Update: 09/02/2010
Determination Date: 09/02/2010
Expiration Date: 09/02/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,277

WESTCODE, INC.
BINGHAMTON, NEW YORK

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 June 22, 2010 by a One Stop Operator on behalf of
workers of Westcode, Inc., Binghamton, New York (Westcode). The
workers are engaged in the production of air conditioners. The
worker group does not include on-site leased workers.
The investigation revealed that workers of Westcode,
Binghamton, New York, who are engaged in employment related to
the production of air conditioners, meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Westcode, Binghamton,
New York, have become totally or partially separated, or
threatened with such separation, in the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of air conditioners by Westcode have
decreased during the relevant time period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with air conditioners
produced at Westcode, Binghamton, New York have increased
during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of air conditioners by customers of
Westcode contributed importantly to the worker group
separations and sales/production declines at the Binghamton,
New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Westcode, Inc.,
Binghamton, New York, who are engaged in employment related to
the production of air conditioners, 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 Westcode, Inc., Binghamton, New York, who
became totally or partially separated from employment on or
after June 21, 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 2nd day of September, 2010


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance