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TAW-64090  /  Yuhshin USA Limited dba Ortech (Kirksville, MO)

Petitioner Type: Company
Impact Date: 09/16/2008
Filed Date: 09/22/2008
Most Recent Update: 10/30/2008
Determination Date: 10/30/2008
Expiration Date: 10/30/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,090

YUHSHIN USA LIMITED
DBA ORTECH
KIRKSVILLE, MISSOURI

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 on September 22, 2008 in
response to a petition filed by a company official on behalf of
workers of Yuhshin USA Limited, dba Ortech, Kirksville, Missouri.
The workers produce automotive parts. The workers are not
separately identifiable by articles produced.
The workers at the subject firm were previously certified
eligible for Trade Adjustment Assistance (TA-W-59,994) which
expired on September 15, 2008.
Employment at the subject firm declined during the relevant
period.
The investigation revealed that Yuhshin USA Limited, dba
Ortech, Kirksville, Missouri supplies component parts for
automobiles, and at least 20 percent of its production or sales
is supplied to a manufacturer whose workers were certified
eligible to apply for adjustment assistance.
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 Yuhshin USA Limited, dba
Ortech, Kirksville, Missouri 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 Yuhshin USA Limited, dba Ortech, Kirksville,
Missouri who became totally or partially separated from
employment on or after September 16, 2008, 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 eligible to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 30th day of October 2008.

/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance