Certified
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TAW-91209  /  L&M Radiator, Inc. (Hibbing, MN)

Petitioner Type: State
Impact Date: 12/09/2014
Filed Date: 12/10/2015
Most Recent Update: 08/31/2016
Determination Date: 08/31/2016
Expiration Date: 08/31/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,209

L&M RADIATOR, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ALWAYS THERE STAFFING, INC.
HIBBING, MINNESOTA

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 December 10, 2015 by a state workforce office on behalf
of workers of L&M Radiator, Inc., including on-site leased
workers from Always There Staffing, Inc., Hibbing, Minnesota
(L&M Radiator). The workers' firm is engaged in activities
related to the production of radiator assemblies. The workers
are not separately identifiable by article produced.
During the investigation, the Department obtained
information from the petitioner, the workers' firm, and the
subject firm's major declining customer(s).
Section 222(a)(1) has been met because a significant
number or proportion of the workers in L&M Radiator have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of radiator assemblies produced by L&M
Radiator have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by L&M Radiator have increased during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at L&M Radiator.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of L&M Radiator, who are
engaged in activities related to the production of radiator
assemblies, 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 L&M Radiator, Inc., including on-site
leased workers from Always There Staffing, Inc., Hibbing,
Minnesota, who became totally or partially separated from
employment on or after December 9, 2014 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 31st day of August 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance