DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,862

APEX TOOL GROUP, LLC
A SUBSIDIARY OF BAIN CAPITAL
INCLUDING ON-SITE LEASED WORKERS FROM
TEC STAFFING AND 1ST EMPLOYMENT STAFFING
SPRINGDALE, ARKANSAS


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate subdivision of
the firm, have become totally or partially separated, or
are threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or

(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

The investigation was initiated in response to a petition
filed on March 4, 2015 by a company official on behalf of workers
of Apex Tool Group, LLC, a subsidiary of Bain Capital, Springdale,
Arkansas (Apex Tool Group). The workers' firm is engaged
activities related to the production of tool set kits, horseshoes
and farrier tools. The worker group includes on-site leased
workers from TEC Staffing and 1st Employment Staffing.
Workers of the subject firm were previously certified
eligible to apply for Trade Adjustment Assistance (TAA) under TA-
W-82,531, which expires on April 8, 2015.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of tool set kits,
horseshoes, and/or farrier tools to a foreign country and there
has been or is likely to be an increase in imports of articles
that are like or directly competitive with articles produced by
the subject firm.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older. Section 246(a)(3)(A)(ii)(II) has been met because
the workers in the workers' firm possess skills that are not
easily transferrable. Section 246(a)(3)(A)(ii)(III) has been met
because conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Apex Tool Group, LLC,
Springdale, Arkansas, who are engaged in activities related to the
production of tool set kits, horseshoes, and farrier 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, a subsidiary of Bain
Capital, including on-site leased workers from TEC Staffing
and 1st Employment Staffing, Springdale, Arkansas, who became
totally or partially separated from employment on or after
April 9, 2015, 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 1st day of April, 2015


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