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TAW-74356  /  Industrial Technologies Corporation (Missoula, MT)

Petitioner Type: Company
Impact Date: 07/02/2009
Filed Date: 07/08/2010
Most Recent Update: 11/12/2010
Determination Date: 11/12/2010
Expiration Date: 11/12/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,356

INDUSTRIAL TECHNOLOGIES CORPORATION
MISSOULA, MONTANA

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on July 8, 2010 by a company official on behalf of
workers of Industrial Technologies Corporation, Missoula,
Montana (ITC). The workers are engaged in activities related to
scaffolding, ironwork, carpentry, roofing, labor services,
insulating, boiler-making, concrete, sandblasting, painting,
coating, mill-wrighting, pipefitting, fabricating steel and
erecting steel. The workers are not separately identifiable by
function. The worker group does not include on-site leased
workers.
The investigation revealed that workers of ITC who are
engaged in employment related to scaffolding, ironwork,
carpentry, roofing, labor services, insulating, boiler-making,
concrete, sandblasting, painting, coating, mill-wrighting,
pipefitting, fabricating steel and erecting steel meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of ITC
supplied and sold services to a firm that employed a worker
group who is covered by an active certification and that the
services performed by the subject firm were related to the
production of an article that was the basis for a TAA
certification.
Criterion III has been met because the scaffolding,
ironwork, carpentry, roofing, labor services, insulating,
boiler-making, concrete, sandblasting, painting, coating, mill-
wrighting, pipefitting, fabricating steel and erecting steel
services that are supplied by ITC to a firm that employed a
worker group covered by an active certification accounted for
at least 20 percent of the of sales of ITC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Industrial
Technologies Corporation, Missoula, Montana, who are engaged in
employment related to scaffolding, ironwork, carpentry, roofing,
labor services, insulating, boiler-making, concrete,
sandblasting, painting, coating, mill-wrighting, pipefitting,
fabricating steel and erecting steel services meet the worker
group certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Industrial Technologies Corporation,
Missoula, Montana, who became totally or partially
separated from employment on or after July 2, 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 12th day of November, 2010


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