DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,603

DATWYLER RUBBER AND PLASTICS, INC.
MARION, 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:
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 on behalf of workers of Datwyler Rubber
and Plastics, Inc., Marion, South Carolina. The workers produce
rubber components used in automotive brakes.
The investigation revealed that workers of the subject firm
who are engaged in employment related to production of rubber
components meet the criteria for certification.
Criterion I has been met because at least five percent of
the worker group were separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to Mexico the production of articles like or
directly competitive with the rubber components produced by
the workers.
Criterion III has been met because the shift in
production of rubber components to a foreign country by the
workers' firm contributed importantly to worker group
separations at Datwyler Rubber and Plastics, Inc., Marion, South
Carolina.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Datwyler Rubber and
Plastics, Inc., Marion, South Carolina, who are engaged in
employment related to the production of rubber components 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 Datwyler Rubber and Plastics, Inc., Marion,
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 24th day of July 2009


/s/Richard Church
_______________________________
RICHARD CHUCH
Certifying Officer, Division of
Trade Adjustment Assistance