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TAW-70680  /  Performance Fibers (Winfield, AL)

Petitioner Type: Company
Impact Date: 05/26/2008
Filed Date: 05/28/2009
Most Recent Update: 07/24/2009
Determination Date: 07/24/2009
Expiration Date: 07/24/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,680

PERFORMANCE FIBERS
WINFIELD DIVISION
INCLUDING ON-SITE LEASED WORKERS OF PERSONNEL STAFFING
WINFIELD, ALABAMA

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 28, 2009 by a company official on behalf of
workers of Performance Fibers, Winfield Division, Winfield,
Alabama. The workers produce untreated tire cord fabric, which
is further processed for use in tire cord fabric.
The investigation revealed that the worker group includes
on-site leased workers of Personnel Staffing.
The investigation revealed that workers of the Winfield,
Alabama facility who are engaged in employment related to tire
cord fabric meet the criteria as suppliers for secondary
worker certification.
Criterion I has been met because all workers were
separated upon closure of the subject firm.
Criterion II has been satisfied because workers of the
Winfield, Alabama facility produced and sold tire cord fabric
to Performance Fibers, Scottsboro, Alabama to be incorporated
into tire cord fabric. Workers of Performance Fibers,
Scottsboro, Alabama are covered by certification number TA-W-
70,680 issued based on the increased customer imports of tire
cord fabrics.
Criterion III has been met because the loss of business
by Performance Fibers, Winfield, Alabama with respect to tire
fabrics sold to Performance Fibers, Scottsboro, Alabama
contributed importantly to worker separations at Winfield,
Alabama facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Performance Fibers,
Winfield Division, including on-site leased workers of
Personnel Staffing, Winfield, Alabama, who are engaged in
employment related to tire cord fabrics 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 Performance Fibers, Winfield Division,
including on-site leased workers of Personnel Staffing,
Winfield, Alabama, who became totally or partially
separated from employment on or after May 26, 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 CHRUCH
Certifying Officer, Division of
Trade Adjustment Assistance