DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,390

KYOWA AMERICA CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF SPHERION STAFFING
WAYNESBURG, PENNSYLVANIA

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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated in response to a petition
received on April 27, 2007, filed on behalf of workers of Kyowa
America Corporation, Waynesburg, Pennsylvania. The workers produce
molded plastic parts; they are not separately identifiable by
articles produced.
The investigation also revealed that employment at the subject
firm decreased during the period under investigation.
The investigation further revealed that the subject firm
supplied molded plastic parts used in the production of SXRD rear
projection televisions, and at least 20 percent of its production
or sales is supplied to a manufacturer whose workers were certified
eligible to apply for trade adjustment assistance.
The investigation revealed that Kyowa America Corporation,
Waynesburg, Pennsylvania also leased workers on-site from Spherion
Staffing to produce molded plastic parts.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kyowa America
Corporation, including on-site leased workers of Spherion Staffing,
Waynesburg, Pennsylvania qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974, as amended. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Kyowa America Corporation, including on-site
leased workers of Spherion Staffing, Waynesburg, Pennsylvania,
who became totally or partially separated from employment on
or after April 27, 2006 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974 and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 5th day of June, 2007.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance