DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,609

DES/KDM
WORKING AT FMC MANUFACTURING, LLC
A SUBSIDIARY OF MIDWEST MOTORCYCLE SUPPLY
MONMOUTH, ILLINOIS

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on September 28, 2009, applicable to workers of FMC
Manufacturing, LLC, a subsidiary of Midwest Motorcycle Supply,
Monmouth, Illinois. The notice will be published soon in the
Federal Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of motorcycle frames, swing arms
and handlebars.
Information shows that the correct identity of the subject
firm worker group should read DES/KDM Working at FMC
Manufacturing, LLC, a subsidiary of Midwest Motorcycle Supply,
Monmouth, Illinois. The workers separated from employment at the
subject firm had their wages reported under a separated
unemployment insurance (UI) tax account for DES/KDM
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased imports of motorcycle frames, swing arms and
handlebars.
The amended notice applicable to TA-W-70,609 is hereby
issued as follows:
"All workers of DES/KDM working at FMC Manufacturing,
LLC, a subsidiary of Midwest Motorcycle Supply,
Monmouth, Illinois, who became totally or partially
separated from employment on or after May 22, 2008,
through September 28, 2011, 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 at Washington, D.C. this 10th day of November 2009.


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

4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,609

FMC MANUFACTURING, LLC
A SUBSIDIARY OF MIDWEST MOTORCYCLE SUPPLY
MONMOUTH, ILLINOIS

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 FMC Manufacturing,
LLC, a subsidiary of Midwest Motorcycle Supply, Monmouth,
Illinois (FMC Manufacturing). The workers produce motorcycle
frames, swing arms, and handlebars.
The investigation revealed that workers of FMC Manufacturing
who are engaged in employment related to the production of
motorcycle frames, swing arms, and handlebars meet the criteria
for certification.
Criterion I has been met because employment at the subject
facility declined during the period under investigation.
Criterion II has been satisfied because the workers’ firm
has acquired from a foreign country articles like or directly
competitive with the articles produced by the workers.
Criterion III has been met because the acquisition of
motorcycle frames, swing arms, and handlebars from China by
Midwest Motorcycle Supply contributed importantly to worker group
separations at FMC Manufacturing.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FMC Manufacturing, LLC,
a subsidiary of Midwest Motorcycle Supply, Monmouth, Illinois,
who are engaged in employment related to the production of
motorcycle frames, swing arms, and handlebars 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 FMC Manufacturing, LLC, a subsidiary of
Midwest Motorcycle Supply, Monmouth, Illinois, who became
totally or partially separated from employment on or after May
22, 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 28th day of September, 2009.


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





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