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TAW-70153B  /  Henkel Corporation (Canton, MA)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 09/17/2009
Determination Date: 09/17/2009
Expiration Date: 09/17/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,153

HENKEL CORPORATION
ADHESIVE ELECTRONICS DIVISION
A SUBSIDIARY OF HENKEL AG & COMPANY KGAA
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION AND LAB SUPPORT
CITY OF INDUSTRY, CALIFORNIA

TA-W-70,153A

HENKEL CORPORATION
THE NATIONAL STARCH CORPORATION
FORMERLY ACHESON COLLOIDS
INCLUDING ON-SITE LEASED WORKERS FROM MARQUEE
ONTARIO, CALIFORNIA

TA-W-70,153B

HENKEL CORPORATION
THE NATIONAL STARCH CORPORATION
CURRENTLY KNOWN AS HENKEL ELECTRONIC MATERIALS, LLC
FORMERLY EMERSON & CUMING
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK AND LAB SUPPORT
CANTON, MASSACHUSETTS

TA-W-70,153C

HENKEL CORPORATION
FORMERLY ABLESTIK
SAN DIEGO, CALIFORNIA


Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on September 17, 2009, applicable to workers of Henkel
Corporation, Adhesive Electronics Division, a subsidiary of
Henkel AG & Company KGaA, including on-site leased workers from
Spherion and Lab Support, City of Industry, California, Henkel
Corporation, The National Starch Corporation, formerly Acheson
Colloids, including on-site leased workers from Marquee, Ontario,
California, Henkel Corporation, The Nation Starch Corporation,
formerly Emerson & Cuming, including on-site leased workers from
Aerotek and Lab Support, Canton, Massachusetts, and Henkel
Corporation, formerly Ablestik, San Diego, California. The
notice was published in the Federal Register on November 5, 2009
(74 FR 57337).
At the request of the State agency and a company official,
the Department reviewed the certification for workers of the
subject firm. The workers produce electrical materials such as
coatings, encapsulants, electroluminescent materials, conductive,
non-conductive inks and adhesives, which are used in
semiconductors, electronic components printed circuit boards and
other related industries.
Information shows that on January 1, 2011, Henkel
Corporation created a new legal entity applicable to only the
Canton, Massachusetts location to combine the legacy Henkel
Electronic Materials business and The National Starch Electronic
Materials business following a company purchase in April 2008.
Workers separated from employment at the Canton, Massachusetts
location of Henkel Corporation, The National Starch Corporation,
formerly Emerson & Cuming, had their wages reported under a
separate unemployment insurance (UI) tax account under the name
Henkel Electronic Materials, LLC.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in production of electrical materials to Asia.
The amended notice applicable to TA-W-70,153, TA-70,153A,
TA-W-70,153B and TA-W-70,153C are hereby issued as follows:
"All workers of Henkel Corporation, Adhesive
Electronics Division, a subsidiary of Henkel AG &
Company, KGaA, including on-site leased workers from
Spherion and Lab Support, City of Industry, California
(TA-W-70,153); Henkel Corporation, The National Starch
Corporation, formerly Acheson Colloids, including on-
site leased workers from Marquee, Ontario, California
(TA-W-70,153A); Henkel Corporation, currently known as
Henkel Electronic Materials, LLC, The National Starch
Corporation, Emerson & Cuming, including on-site leased
workers from Aerotek and Lab Support, Canton,
Massachusetts (TA-W-70,153B); Henkel Corporation,


formerly Ablestik, San Diego, California (TA-W-
70,153C), who became totally or partially separated
from employment on or after May 18, 2008 through
September 17, 2011, 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 at Washington, D.C. this 12th day of September 2011.

/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,153

HENKEL CORPORATION
ADHESIVE ELECTRONICS DIVISION
A SUBSIDIARY OF HENKEL AG & COMPANY KGAA
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION AND LAB SUPPORT,
CITY OF INDUSTRY, CALIFORNIA

70,153A
HENKEL CORPORATION
THE NATIONAL STARCH CORPORATION
FORMERLY ACHESON COLLOIDS
INCLUDING ON-SITE LEASED WORKERS FROM MARQUEE
ONTARIO, CALIFORNIA

70,153B
HENKEL CORPORATION
THE NATIONAL STARCH CORPORATION
FORMERLY EMERSON & CUMING
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK AND LAB SUPPORT
CANTON, MASSACHUSETTS

70,153C
HENKEL CORPORATION
FORMERLY ABLESTIK
SAN DIEGO, CALIFORNIA

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 Henkel Corporation, Adhesive Electronics Division, a subsidiary
of Henkel AG & Company KGaA, City of Industry, California (TA-W-
70,153); Henkel Corporation, The National Starch Corporation
formerly Acheson Colloids, Ontario, California (TA-W-70,153A);
Henkel Corporation, Emerson & Cuming, Canton, Massachusetts (TA-W-
70,153B); Henkel Corporation, formerly Ablestik, San Diego,
California (TA-W-70,153C). The workers produce electrical
materials such as coatings, encapsulant, electroluminescent
materials, conductive, non-conductive inks and adhesives, which are
used in semiconductors, electronic components, printed circuit
boards and other related industries.
The worker group includes leased workers from Spherion and Lab
Support, employed on-site at Henkel Corporation, City of Industry,
California (TA-W-70,153); leased workers from Marquee, employed on-
site at Henkel Corporation, Ontario, California (TA-W-70,153A);
leased workers from Aerotek and Lab Support, employed on-site at
Henkel Corporation, Canton, Massachusetts (TA-W-70,153B).
The investigation revealed that the workers meet the criteria
for certification.
Criterion I has been met because more than five percent of
the workers were laid off during the relevant period.
Criterion II has been satisfied because Henkel Corporation
has shifted to foreign country the production of articles like or
directly competitive with those produced by the workers.
Criterion III has been met because the shift of production
of electrical materials, to China, Korea by Henkel Corporation
contributed importantly to the separations at the subject
facilities.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Henkel Corporation,
Adhesive Electronics Division, a subsidiary of Henkel AG & Company
KGaA, including on-site leased workers from Spherion and Lab
Support, City of Industry, California (TA-W-70,153); Henkel
Corporation, The National Starch Corporation formerly Acheson
Colloids, including on-site leased workers from Marquee, Ontario,
California (TA- W-70,153A); Henkel Corporation, Emerson &
Cuming, including on-site leased workers from Aerotek and Lab
Support, Canton, Massachusetts (TA-W-70,153B); Henkel
Corporation, formerly Ablestik, San Diego, California
(TA-W-70,153C), who are engaged in employment related to the
production of electrical materials coatings, encapsulant,
electroluminescent materials, such as conductive, non-conductive
inks and adhesives, 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 Henkel Corporation, Adhesive Electronics
Division, a subsidiary of Henkel AG & Company KGaA,
including on-site leased workers from Spherion and Lab Support,
City of Industry, California (TA- W-70,153); Henkel Corporation,
The National Starch Corporation formerly Acheson Colloids,
including on- site leased workers from Marquee, Ontario,
California (TA- W-70,153A); Henkel Corporation, Emerson &
Cuming, including on-site leased workers from Aerotek and Lab
Support, Canton, Massachusetts (TA-W-70,153B); Henkel
Corporation, formerly Ablestik, San Diego, California
(TA-W-70,153C) 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 17th day of September 2009
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



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