DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,154

APEX TOOL GROUP, LLC
INCLUDING ON-SITE LEASED WORKERS FROM STAFFMARK
MONROE, 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 February 1, 2011 on behalf of workers of Apex Tool
Group, LLC, Monroe, North Carolina. The workers produce
horseshoes, cast parts for hand tools and forged parts for hand
tools. The worker group includes on-site leased workers from
Staffmark.
The investigation revealed that workers of Apex Tool Group,
who are engaged in production of horseshoes, cast parts for hand
tools and forged parts for hand tools, meet the criteria for
certification.
Criterion I has been met because a significant number of
workers are threatened with separation during the period under
investigation.
Criterion II has been satisfied because the workers' firm
has committed to shift to a foreign country the production of
articles like or directly competitive with the articles
produced by the firm.
Criterion III has been met because the shift in
production contributed importantly to threatened worker group
separations at Apex Tool Group, LLC, Monroe, North Carolina.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Apex Tool Group, LLC,
Monroe, North Carolina, who are engaged in employment related to
production of horseshoes, cast parts for hand tools and forged
parts for hand tools, 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 Apex Tool Group, LLC, Monroe, North
Carolina, including on-site leased workers from Staffmark,
who became totally or partially separated from employment
on or after January 24, 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 25th day of February, 2011


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance