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TAW-74491  /  Acme Electric (Lumberton, NC)

Petitioner Type: Company
Impact Date: 08/15/2010
Filed Date: 08/06/2010
Most Recent Update: 09/27/2010
Determination Date: 09/27/2010
Expiration Date: 09/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,491

ACME ELECTRIC
A SUBSIDIARY OF ACTUANT CORPORATION
ACTUANT ELECTRICAL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MEGA FORCE STAFFING
LUMBERTON, NORTH CAROLINA

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 July 28, 2010 by a company official on behalf of
workers of Acme Electric, a subsidiary of Actuant Corporation,
Actuant Electrical Division, including on-site leased workers
from Mega Force Staffing, Lumberton, North Carolina. The
workers are engaged in activities related to the production of
electrical transformers for power conditioning equipment.
Workers of the subject facility were previously certified
for Trade Adjustment Assistance based on a shift in
production, under TA-W-63,673, which expired on August 14,
2010.
The investigation revealed that workers of Acme Electric,
who are engaged in activities related to the production of
electrical transformers for power conditioning equipment, meet
the criteria for certification.
Criterion I has been met because a significant proportion
of workers have been separated during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the electrical transformers for
power conditioning equipment produced by the workers.
Criterion III has been met because the shift in
production of electrical transformers for power conditioning
equipment by Acme Electric contributed importantly to worker
group separations at the Lumberton, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Acme Electric, a
subsidiary of Actuant Corporation, Actuant Electrical
Division, including on-site leased workers from Mega Force
Staffing, Lumberton, North Carolina, who are engaged in
activities related to production of electrical transformers for
power conditioning equipment, 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 Acme Electric, a subsidiary of Actuant
Corporation, Actuant Electrical Division, including on-
site leased workers from Mega Force Staffing, Lumberton,
North Carolina, who became totally or partially separated
from employment on or after August 15 2010, 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 27th day of September, 2010


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