Certified
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TAW-70733  /  Federal Mogul Corporation (Exton, PA)

Petitioner Type: Workers
Impact Date: 05/23/2009
Filed Date: 05/29/2009
Most Recent Update: 12/04/2009
Determination Date: 12/04/2009
Expiration Date: 12/04/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,733

FEDERAL-MOGUL CORPORATION
SYSTEMS PROTECTION GROUP
EXTON, PENNSYLVANIA

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 on behalf of workers of Federal-Mogul
Corporation, Systems Protection Group, Exton, Pennsylvania. The
workers produced protective sleeving products and flexible
heatshields. Workers are not separately identifiable by
product.
The workers of the Exton plant were certified eligible to
apply for adjustment assistance under TA-W-61,395, which
expired May 22, 2009.
The investigation revealed that workers of the Exton
facility, who were engaged in employment related to the
production of protective sleeving products and flexible
heatshields, meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers have been separated.
Criterion II has been satisfied because the subject firm
shifted production of protective sleeving products and
flexible heatshields to China, France and Japan.
Criterion III has been met because the shifts of
production abroad contributed importantly to worker
separations at the Exton plant.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Federal-Mogul
Corporation, Systems Protection Group, Exton, Pennsylvania, who
are engaged in employment related to the production of
protective sleeving products and flexible heatshields, 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 Federal-Mogul Corporation, Systems
Protection Group, Exton, Pennsylvania, who became totally
or partially separated from employment on or after May 23,
2009, 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 4th day of December, 2009


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