DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,136

HYOSUNG USA INC.
UTICA PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES
UTICA, NEW YORK

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 19, 2009, by a company official on behalf of
workers of Hyosung U.S.A., Inc., Utica Plant, Utica, New York
(Hyosung). The workers produce tire reinforcement fabric.
The worker group includes on-site leased workers from Kelly
Services.
The investigation revealed that workers of Hyosung, who are
engaged in employment related to the production of tire
reinforcement fabric meet the criteria for certification.
Criterion I has been met because employment declined from
2007 to 2008 and in January through April 2009, when compared
to January through April 2008.
Criterion II has been satisfied because the workers' firm
has shifted to South Korea, China and Vietnam the production
of articles like or directly competitive with the tire
reinforcement fabric produced by the workers.
Criterion III has been met because the shift in
production of tire reinforcement fabric to South Korea, China
and Vietnam by the subject firm contributed importantly to
worker group separations at the firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hyosung U.S.A., Inc.,
Utica Plant, Utica, New York, who are engaged in employment
related to production of tire reinforcement fabric 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 Hyosung U.S.A., Inc., Utica Plant, Utica,
New York, including on-site leased workers from Kelly
Services, 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 29th day of June, 2009.


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