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TAW-70626  /  Steel Forming (Youngstown, OH)

Petitioner Type: Workers
Impact Date: 05/04/2008
Filed Date: 05/27/2009
Most Recent Update: 12/10/2009
Determination Date: 12/10/2009
Expiration Date: 12/10/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,626

STEEL FORMING
DBA COMMERCIAL METAL FORMING
INCLUDING ON-SITE LEASED WORKERS FROM RYAN ALTERNATIVE
STAFFING AND ROBERT HALF INTERNATIONAL
YOUNGSTOWN, OHIO

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 27, 2009, on behalf of workers of Steel Forming,
dba Commercial Metal Forming, Youngstown, Ohio (Steel Forming).
The workers produce tank heads, tank accessories, custom
stampings, differential covers, and assemblies. The workers are
not separately identifiable by product line. The worker group
includes on-site leased workers from Ryan Alternative Staffing
and Robert Half International.
The investigation revealed that workers of Steel Forming,
who are engaged in employment related to tank heads, tank
accessories, custom stampings, differential covers, and
assemblies, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion
or number of workers at Steel Forming have been separated
during the relevant period.
Criterion II has been met because workers of Steel Forming
produced and sold tank heads, tank accessories, custom
stampings, differential covers, and assemblies to a firm that
employed a worker group who is covered by an active
certification to be incorporated into axle housings.
Criterion III has been met because the loss of business
by Steel Forming with the TAA-certified firm, with respect to
tank heads, tank accessories, custom stampings, differential
covers, and assemblies sold to the TAA-certified firm,
contributed importantly to worker separations at Steel Forming.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Steel Forming, who
are engaged in employment related to tank heads, tank
accessories, custom stampings, differential covers, and
assemblies, 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 Steel Forming, dba Commercial Metal
Forming, including on-site leased workers from Ryan
Alternative Staffing and Robert Half International,
Youngstown, Ohio, who became totally or partially separated
from employment on or after May 4, 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 10th day of December, 2009

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance