DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,967

ARRK PRODUCT DEVELOPMENT GROUP USA, INC.
SAN DIEGO, CALIFORNIA

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.
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 January 22, 2009 in
response to a petition on behalf of workers at ARRK Product
Development Group USA, Inc., San Diego, California. Workers of the
subject firm produce silicone castings.
This investigation revealed that employment and production at
the subject facility declined from 2007 to 2008.
The subject firm is shifting a significant proportion of
production of Mexico. Mexico is 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 subject facilities 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 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 by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:


"All workers of ARRK Product Development Group USA, Inc., San
Diego, California who became totally or partially separated
from employment on or after January 14, 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 also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C., this 19th day of February 2009


/s/Richard Church

RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance