Certified
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TAW-70296  /  SMC Corporation of America (Rochester Hills, MI)

Petitioner Type: Workers
Impact Date: 05/19/2008
Filed Date: 05/20/2009
Most Recent Update: 09/11/2009
Determination Date: 09/11/2009
Expiration Date: 09/11/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,296

SMC CORPORATION OF AMERICA
DETROIT BRANCH
ROCHESTER HILLS, MICHIGAN

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 20, 2009 by three workers on behalf of workers of
SMC Corporation of America Detroit Branch, Rochester Hills,
Michigan. The workers provide engineering and sales support
services in support of products manufactured by two SMC
Corporation of America facilities located in the U.S.
The investigation revealed that workers of the subject firm
who are engaged in employment related to engineering and sales
support services meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number of workers have been separated from employment by the
subject firm.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of pneumatic actuator and non-actuator
products by SMC Corporation of America have decreased
absolutely during the relevant period. The demand for
engineering and sales support services provided by the subject
firm worker group has been reduced as a result of this decline
in sales and production at U.S. facilities owned by SMC
Corporation of America.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with
pneumatic actuator and non-actuator products produced by U.S.
facilities operated by SMC Corporation of America have
increased. Specifically, a significant decrease in sales and
production was accompanied by a significant increase in
imports by the facilities supported by the subject firm worker
group. This resulted in a reduction in demand for engineering
and sales support services provided by the subject firm worker
group, leading to worker separations by the subject firm.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of pneumatic actuators and non-actuators by
SMC Corporation of America contributed importantly to the
worker group separations and sales/production declines at the
subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SMC Corporation of
America Detroit Branch, Rochester Hills, Michigan, who are
engaged in employment related to engineering and sales support
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 SMC Corporation of America Detroit Branch,
Rochester Hills, Michigan, who became totally or partially
separated from employment on or after May 19, 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 11th day of September, 2009.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance