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TAW-70436  /  Dura Automotive Systems, Inc. (Gordonsville, TN)

Petitioner Type: Company
Impact Date: 05/20/2008
Filed Date: 05/22/2009
Most Recent Update: 10/19/2009
Determination Date: 10/19/2009
Expiration Date: 10/19/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,436

DURA AUTOMOTIVE SYSTEMS, INC.
CONTROL SYSTEMS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD INHOUSE SERVICES
GORDONSVILLE, 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 22, 2009 by a company official on behalf of
workers of Dura Automotive Systems, Inc., Control Systems
Division, Gordonsville, Tennessee. The workers produce seating
mechanisms and hood latches for automobiles. The worker group
includes on-site leased workers from Randstad Inhouse
Services.
The investigation revealed that workers of Dura Automotive
Systems, Inc. who are engaged in employment related to
production of seating mechanisms and hood latches meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been satisfied because workers of Dura
Automotive Systems, Inc. produced and sold seating mechanisms
and hood latches to Lear Corporation, Southfield, Michigan to
be incorporated into seating systems. Workers of Lear
Corporation are covered by certification number TA-W-64,343
issued based on increased imports of seating systems.
Criterion III has been met because the seating mechanisms
and hood latches produced by Dura Automotive Systems, Inc. for
Lear Corporation accounted for at least 20 percent of the
sales of Dura Automotive Systems, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dura Automotive
Systems, Inc., Gordonsville, Tennessee, who are engaged in
employment related to production of seating mechanisms and hood
latches 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 Dura Automotive Systems, Inc., including
on-site leased workers of Randstad Inhouse Services,
Gordonsville, Tennessee, who became totally or partially
separated from employment on or after May 20, 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 19th day of October, 2009


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance