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TAW-70111  /  TDK Ferrites Corporation (Shawnee, OK)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 11/27/2009
Determination Date: 11/27/2009
Expiration Date: 11/27/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,111

TDK FERRITES CORPORATION
A SUBSIDIARY OF TDK U.S.A. CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
EXPRESS EMPLOYMENT PROFESSIONAL
SHAWNEE, OKLAHOMA

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 19, 2009 on behalf of workers of TDK Ferrites
Corporation, a subsidiary of TDK U.S.A Corporation, Shawnee,
Oklahoma. The investigation revealed that the worker group
includes on-site leased workers from Express Employment
Professional. Workers at the subject firm are engaged in
activities related to the production of magnets. The workers are
not separately identifiable by products produced.
The investigation revealed that workers of TDK Ferrites
Corporation, a subsidiary of TDK U.S.A Corporation, including
on-site leased workers from Express Employment Professional,
Shawnee, Oklahoma who are engaged in activities related to the
production of magnets 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 TDK
Ferrites Corporation produced and sold magnets to Energy
Conversion Systems, Dunn, North Carolina to be incorporated
into electric motor components. Workers of Energy Conversion
Systems, Dunn, North Carolina are under an existing Trade
Adjustment Assistance certification. That certification was
issued on the basis of increased customer imports of electric
motor components.
Criterion III has been met because the loss of business
by TDK Ferrites Corporation with respect to magnets to Energy
Conversions Systems contributed importantly to worker
separations at TDK Ferrites Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TDK Ferrites
Corporation, a subsidiary of TDK U.S.A Corporation, Shawnee,
Oklahoma who are engaged in activities related to the production
of hose assemblies 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 TDK Ferrites Corporation, a subsidiary of
TDK U.S.A Corporation, Shawnee, Oklahoma 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 27th day of November 2009.

/s/ Elliott S. Kushner

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