DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,395

API HEAT TRANSFER
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO STAFFING
ARCADE, 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; 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 November 21, 2019, by a state workforce office on
behalf of workers of API Heat Transfer, including on-site
leased workers from Adecco Staffing, Arcade, New York (API
Heat Transfer).
The workers are engaged in activities related to the
production of bar plate heat exchangers.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and the major
declining customer(s) of the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at API Heat Transfer 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 API Heat
Transfer sales and/or production has decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
articles produced by API Heat Transfer have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales declines at API Heat Transfer.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of API Heat Transfer,
including on-site leased workers from Adecco Staffing, Arcade,
New York, who are engaged in activities related to the
production of bar plate 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, including on-site
leased workers from Adecco Staffing, Arcade, New York, who
became totally or partially separated from employment on or
after November 15, 2018 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 2020.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance