DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,076

API HEAT TRANSFER
BUFFALO, NEW YORK


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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on August 16, 2017 by the International Association of
Machinists and Aerospace Workers (IAMAW), local 330 on behalf of
workers of API Heat Transfer, Buffalo, New York (API Heat
Transfer). The workers are engaged in activities related to the
production of shell and tube heat exchangers. The workers are
not separately identifiable by article. The subject worker
group does not include on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm and the petitioner(s).
Section 222(a)(1) has been met because a significant
number or proportion of the workers in API Heat Transfer 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 workers'
firm has shifted to a foreign country a portion of the
production of articles like or directly competitive with the
shell and tube heat exchangers produced by the workers which
contributed importantly to worker group separations at API
Heat Transfer.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of API Heat Transfer,
Buffalo, New York, who are engaged in activities related to the
production of shell and tube heat exchangers, 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 API Heat Transfer, Buffalo, New York, who
became totally or partially separated from employment on or
after August 7, 2016 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 20th day of October 2017.

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