Certified
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TAW-70510  /  The Timken Company (Forest City, NC)

Petitioner Type: Workers
Impact Date: 05/14/2008
Filed Date: 05/26/2009
Most Recent Update: 07/21/2009
Determination Date: 07/21/2009
Expiration Date: 07/21/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,510

THE TIMKEN COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM PERSONNEL STAFFING
UNLIMITED
RUTHERFORDTON, NORTH 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:
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 26, 2009 by three workers on behalf of workers of
The Timken Company, Rutherfordton, North Carolina, including
on-site leased workers from Personnel Staffing Unlimited. The
workers produce ball bearings and spherical plain bushings.
The investigation revealed that workers of The Timken
Company, Rutherfordton, North Carolina, who are engaged in
employment related to production of ball bearing and spherical
plain bushing meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers were separated within the last year.
Criterion II has been satisfied because the workers' firm
has shifted production of ball bearings and spherical plain
bushings to an affiliate in China.
Criterion III has been met because the shift of
production of ball bearings and spherical plain bushings by
The Timken Company contributed importantly to worker group
separations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Timken Company,
Rutherfordton, North Carolina, including on-site leased
workers from Personnel Staffing Unlimited, who are engaged in
employment related the production of ball bearings and spherical
plain bushings 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 The Timken Company, Rutherfordton, North
Carolina, including on-site leased workers from Personnel
Staffing Unlimited, who became totally or partially
separated from employment on or after May 14, 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 21st day of July, 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance