DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,258

TOHO TENAX AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
ROCKWOOD, TENNESSEE

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 29, 2009 by a company official on behalf of
workers of Toho Tenax America, Inc., including leased workers
from Express Employment Professionals, Rockwood, Tennessee. The
workers produce carbon fiber, oxidized pan fiber, and
polyacrylonitrile fiber.
The investigation revealed that workers of Toho Tenax's
Rockwood, Tennessee facility who are engaged in employment
related to the production of carbon fiber, oxidized pan fiber,
and polyacrylonitrile fiber meet the criteria for
certification.
Section 222(a)(1) has been met because more than five
percent of the workers have been separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of carbon fiber, oxidized pan fiber, and
polyacrylonitrile fiber decreased in January 2009 compared
with the same period of the previous year.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with the
carbon fiber, oxidized pan fiber, and polyacrylonitrile fiber
produced at the subject firm have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and declines in sales and production at the
Rockwood, Tennessee facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toho Tenax America,
Inc., including leased workers from Express Employment
Professionals, Rockwood, Tennessee, who are engaged in
employment related to production of carbon fiber, oxidized pan
fiber, and polyacrylonitrile fiber, 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 Toho Tenax America, Inc., including leased
workers from Express Employment Professionals, Rockwood,
Tennessee, 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 16th day of July, 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance