DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-63,313

SIMCLAR (NORTH AMERICA), INC.
INCLUDING ON-SITE LEASED WORKERS FROM EXECUTIVE PERSONNEL, ACTION
STAFFING AND KELLY SERVICES
WINTERVILLE, NORTH CAROLINA

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 (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on May 6, 2008 in response to
a petition filed by an authorized representative on behalf of
workers of Simclar (North America), Inc., Winterville, North
Carolina. The workers were engaged in sheet metal fabrication of
enclosures, brackets, etc. for the appliance, ATM cash handling,
computer, and other industries.
The investigation revealed that the worker group includes on-
site leased workers from Executive Personnel, Action Staffing and
Kelly Services.
The investigation also revealed that the subject plant
experienced employment declines during the relevant period.
The investigation further revealed that the subject firm
shifted sheet metal fabrication to a country (Mexico) that is a
party to a free trade agreement with the United States.
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 conclude that there was a shift in production from
the workers firm or subdivision to Mexico of articles that are like
or directly competitive with those produced at Simclar (North
America), Inc., Winterville, North Carolina. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Simclar (North America), Inc., Winterville,
North Carolina, including on-site leased workers from
Executive Personnel, Action Staffing and Kelly Services, who
became totally or partially separated from employment on or
after May 5, 2007 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 in Washington, D. C. this 16th day of June 2008.
/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance