DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,093

VESUVIUS USA
A SUBSIDIARY OF COOKSON GROUP, PLC
INCLUDING ON-SITE LEASED WORKERS FROM WESTAFF
FISHER, ILLINOIS

TA-W-70,093A

KELLY SERVICES
WORKING ON-SITE AT VESUVIUS USA
A SUBSIDIARY OF COOKSON GROUP, PLC
FISHER, ILLINOIS

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, by a company official on behalf of
workers of Vesuvius USA, a subsidiary of Cookson Group, PLC,
Fisher, Illinois. The workers produce refractory slidegates
used in the flow control of liquid steel. The worker group also
includes on-site leased workers from Westaff and Kelly Services.
Workers of the subject firm, including on-site leased
workers from Westaff, were previously certified eligible to
apply for adjustment assistance under petition TA-W-60,418,
which expired November 29, 2008.
The petition investigation found that the subject firm
leased workers from Kelly Services to work on-site at the
Fisher, Illinois facility. Since the Kelly Services workers are
considered part of the worker group and under the control of
Vesuvius USA, a subsidiary of Cookson Group, PLC, Fisher,
Illinois, and were not covered by TA-W-60,418, the certification
applicable to them will have a different impact date.
The investigation revealed that workers of Vesuvius USA who
are engaged in employment related to production of refractory
slidegates meet the criteria for certification.
Criterion I has been met because employment has declined
by at least 5 percent in the period of January to April 2009
compared to the same period of 2008.
Criterion II has been satisfied because the workers' firm
has shifted production of an article like or directly
competitive with the article produced by the workers.
Criterion III has been met because the shift of
refractory slidegates production to Mexico by Vesuvius USA
contributed importantly to worker group separations at Vesuvius
USA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Vesuvius USA, a
subsidiary of Cookson Group, PLC, Fisher, Illinois, who are
engaged in employment related to production of refractory
slidegates 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 Vesuvius USA, a subsidiary of Cookson
Group, PLC, Fisher, Illinois, including on-site leased
workers from Westaff, who became totally or partially
separated from employment on or after November 30, 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."
and
"All workers of Kelly Services working on-site at Vesuvius
USA, a subsidiary of Cookson Group, PLC, Fisher, Illinois,
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 27th day of July, 2009.


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance