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TAW-70036  /  Ferro Corporation (Cleveland, OH)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 12/03/2009
Determination Date: 12/03/2009
Expiration Date: 12/03/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,036

FERRO CORPORATION
PORCELAIN ENAMEL COATINGS DIVISION
CLEVELAND, OHIO

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on May 18, 2009, by three workers on behalf of workers of
Ferro Corporation, Porcelain Enamel Coating Division, Cleveland,
Ohio. Workers at the subject firm produce porcelain enamel
powders for white goods.
The investigation revealed that workers of Ferro
Corporation, Porcelain Enamel Coating Division, Cleveland,
Ohio, who are engaged in employment related to the production
of porcelain enamel powders meet the criteria as suppliers for
secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of Ferro
Corporation, Porcelain Enamel Coating Division, Cleveland, Ohio
produced and sold porcelain enamel powders to a firm that
employed a worker group who is covered by an active
certification to be incorporated into white goods production.
Criterion III has been met because the porcelain enamel
powders produced by Ferro Corporation, Porcelain Enamel Coating
Division, Cleveland, Ohio, for a firm that employed a worker
group who is covered by an active certification accounted for
a significant portion of the production and sales of Ferro
Corporation, Porcelain Enamel Coating Division, Cleveland,
Ohio.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ferro Corporation,
Porcelain Enamel Coating Division, Cleveland, Ohio, who are
engaged in activities related to the production of porcelain
enamel powders for white goods 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 Ferro Corporation, Porcelain Enamel Coating
Division, Cleveland, Ohio, 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 the 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 3rd day of December 2009.



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