Certified
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TAW-70373  /  Eaton Hydraulics (Greenwood, SC)

Petitioner Type: State
Impact Date: 05/19/2008
Filed Date: 05/21/2009
Most Recent Update: 12/02/2009
Determination Date: 12/02/2009
Expiration Date: 12/02/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,373

EATON HYDRAULICS
GREENWOOD, SOUTH CAROLINA


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 by a State Workforce Official on May 21, 2009 on behalf of
workers of Eaton Hydraulics, Greenwood, South Carolina (Eaton
Hydraulics). Workers at the subject firm are engaged in
activities related to the production of vane pumps. The workers
are not separately identifiable by product.
The investigation further revealed that workers of Eaton
Hydraulics, Greenwood, South Carolina who are engaged in
employment related to the production of vane pumps meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of vane pumps by the subject firm decreased
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with vane pumps produced
by Eaton Hydraulics have increased. Specifically, the
Department of Labor conducted a survey of the subject firm's
major declining customer regarding their purchases of vane pumps
during the relevant period. The survey revealed increased
customer reliance on imported vane pumps.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of vane pumps by customers of Eaton
Hydraulics contributed importantly to the worker group
separations and sales/production declines at Eaton Hydraulics.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eaton Hydraulics,
Greenwood, South Carolina, who are engaged in activities related
to the production of vane pumps 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 Eaton Hydraulics, Greenwood, South
Carolina, 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 2nd day of December 2009

/s/ Elliott S. Kushner

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