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TAW-70035  /  Schaeffler Group USA, Inc. (Cheraw, SC)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 06/19/2009
Determination Date: 06/19/2009
Expiration Date: 06/19/2011

Corrected Copy:
October 30, 2009


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,035

SCHAEFFLER GROUP USA, INC
CHERAW, SOUTH CAROLINA

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers’ firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers’ firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers’
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 18, 2009 on behalf of workers of Schaeffler Group
USA, Inc., Cheraw, South Carolina. The workers produce
automotive tripods used in steering and suspension components
which are sold to the automotive industry. The petitioners
allege that workers have been affected by a shift in
production to Mexico.
Workers of the Cheraw, South Carolina location of the
subject firm are also engaged in the production of bearings
and internal components which are a separately identifiable
worker group from those producing automotive tripods and are
not part of this investigation.
The investigation revealed that workers of Schaeffler Group
USA, Inc., Cheraw, South Carolina, who are engaged in
employment related to the production of automotive tripods
meet the criteria for certification.
Criterion I has been met because the subject facility has
separated a significant portion of workers due to trade
impacts (shift in production).
Criterion II has been satisfied because the subject firm,
Schaeffler Group USA, Inc., has shifted production of
automotive tripods to Mexico.
Criterion III has been met because the shift in the
production of automotive tripods to Mexico contributed
importantly to worker group separations at Schaeffler Group
USA, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Schaeffler Group USA,
Inc., Cheraw, South Carolina, who are engaged in employment
related to automotive tripods 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 Schaeffler Group USA, Inc., Cheraw, South
Carolina, who are engaged in activities related to the
production of automotive tripods, who became totally or
partially separated from employment on or after May 18,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on 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 19th day of June, 2009.


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