Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/29/2009
Most Recent Update: 07/30/2009
Determination Date: 07/30/2009
Expiration Date: 07/30/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,724
KOMATSU REMAN
DIVISION OF KOMATSU AMERICA CORPORATION
A SUBSIDIARY OF KOMATSU LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM KENCO
LEXINGTON, KENTUCKY
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 July 30, 2009, applicable to workers of Komatsu
Remain, a division of Komatsu America Corporation, a subsidiary
of Komatsu Limited, Lexington, Kentucky. The notice was
published in the Federal Register on September 22, 2009 (74 FR
48303).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of remanufactured mining
and construction equipment component parts.
The company reports that workers leased from Kenco were
employed on-site at the Lexington, Kentucky location of Komatsu
Reman, a division of Komatsu America Corporation, a subsidiary of
Komatsu Limited. The Department has determined that these
workers were sufficiently under the control of the subject firm
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Kenco working on-
site at the Lexington, Kentucky location of the firm.
The amended notice applicable to TA-W-70,724 is hereby
issued as follows:
"All workers of Komatsu Reman, a division of Komatsu
America Corporation, a subsidiary of Komatsu Limited,
including on-site leased workers from Kenco, Lexington,
Kentucky, who became totally or partially separated
from employment on or after May 18, 2008, through July
30, 2011, 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 at Washington, D.C. this 30th day of July 2010
/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,724
KOMATSU REMAN
A DIVISION OF KOMATSU AMERICA CORPORATION
A SUBSIDIARY OF KOMATSU LIMITED
LEXINGTON, KENTUCKY
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 29, 2009 by a company official on behalf of workers of
Komatsu Reman, a Division of Komatsu America Corporation, a
Subsidiary of Komatsu Limited, Lexington, Kentucky (hereinafter
referred to as Komatsu). The workers are engaged in employment
related to the production of remanufactured mining and construction
equipment component parts.
The investigation revealed that the worker group at Komatsu
engaged in employment related to the production of remanufactured
mining and construction equipment component parts meets the
criteria for certification.
Criterion I has been met because a significant number or
portion of workers at Komatsu has been separated or are
threatened with separation.
Criterion II has been met because there has been a shift by
Komatsu to Indonesia in the production of articles like or directly
competitive with remanufactured mining and construction equipment
component parts produced by Komatsu.
Criterion III has been met because the shift of production
by Komatsu to a foreign country of articles like or directly
competitive with remanufactured mining and construction equipment
component parts produced by the worker group contributed
importantly to the worker separations at Komatsu.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Komatsu who are engaged
in employment related to the production of remanufactured mining
and construction equipment component parts 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 Komatsu Reman, a Division of Komatsu America
Corporation, a Subsidiary of Komatsu Limited, Lexington,
Kentucky, who became totally or partially separated from
employment on or after May 18, 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 30th day of July, 2009
/s/Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-70,724
KOMATSU REMAN
DIVISION OF KOMATSU AMERICA CORPORATION
A SUBSIDIARY OF KOMATSU LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM KENCO
LEXINGTON, KENTUCKY
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 July 30, 2009, applicable to workers of Komatsu
Remain, a division of Komatsu America Corporation, a subsidiary
of Komatsu Limited, Lexington, Kentucky. The notice was
published in the Federal Register on September 22, 2009 (74 FR
48303).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of remanufactured mining
and construction equipment component parts.
The company reports that workers leased from Kenco were
employed on-site at the Lexington, Kentucky location of Komatsu
Reman, a division of Komatsu America Corporation, a subsidiary of
Komatsu Limited. The Department has determined that these
workers were sufficiently under the control of the subject firm
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Kenco working on-
site at the Lexington, Kentucky location of the firm.
The amended notice applicable to TA-W-70,724 is hereby
issued as follows:
"All workers of Komatsu Reman, a division of Komatsu
America Corporation, a subsidiary of Komatsu Limited,
including on-site leased workers from Kenco, Lexington,
Kentucky, who became totally or partially separated
from employment on or after May 18, 2008, through July
30, 2011, 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 at Washington, D.C. this 30th day of July 2010
/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,724
KOMATSU REMAN
A DIVISION OF KOMATSU AMERICA CORPORATION
A SUBSIDIARY OF KOMATSU LIMITED
LEXINGTON, KENTUCKY
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 29, 2009 by a company official on behalf of workers of
Komatsu Reman, a Division of Komatsu America Corporation, a
Subsidiary of Komatsu Limited, Lexington, Kentucky (hereinafter
referred to as Komatsu). The workers are engaged in employment
related to the production of remanufactured mining and construction
equipment component parts.
The investigation revealed that the worker group at Komatsu
engaged in employment related to the production of remanufactured
mining and construction equipment component parts meets the
criteria for certification.
Criterion I has been met because a significant number or
portion of workers at Komatsu has been separated or are
threatened with separation.
Criterion II has been met because there has been a shift by
Komatsu to Indonesia in the production of articles like or directly
competitive with remanufactured mining and construction equipment
component parts produced by Komatsu.
Criterion III has been met because the shift of production
by Komatsu to a foreign country of articles like or directly
competitive with remanufactured mining and construction equipment
component parts produced by the worker group contributed
importantly to the worker separations at Komatsu.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Komatsu who are engaged
in employment related to the production of remanufactured mining
and construction equipment component parts 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 Komatsu Reman, a Division of Komatsu America
Corporation, a Subsidiary of Komatsu Limited, Lexington,
Kentucky, who became totally or partially separated from
employment on or after May 18, 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 30th day of July, 2009
/s/Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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