Certified
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TAW-70795  /  Emitec, Inc. (Fountain Inn, SC)

Petitioner Type: Company
Impact Date: 05/26/2008
Filed Date: 05/29/2009
Most Recent Update: 10/13/2009
Determination Date: 10/13/2009
Expiration Date: 10/13/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,795

EMITEC, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
MARKETPLACE STAFFING AND AMBASSADOR STAFFING
FOUNTAIN INN, SOUTH CAROLINA

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 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 29, 2009 by a company official on behalf of workers
of Emitec, Inc., including on-site leased workers of
Marketplace Staffing and Ambassador Staffing, Fountain Inn,
South Carolina. Workers at the subject firm produce catalytic
converters.
The investigation revealed that workers of Emitec, Inc.,
including on-site leased workers of Marketplace Staffing and
Ambassador Staffing, Fountain Inn, South Carolina who are
engaged in employment related to the production of catalytic
converters meet the criteria as a supplier for secondary
worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated during the relevant period.
Criterion II has been satisfied because workers of
Emitec, Inc., including on-site leased workers of Marketplace
Staffing and Ambassador Staffing, Fountain Inn, South Carolina
produced and sold catalytic converters to Umicore Autocat USA,
Inc., Catoosa, Oklahoma to be incorporated into manufactured
machines. Workers of Umicore Autocat USA, Inc., Catoosa,
Oklahoma are covered by an existing Trade Adjustment
Assistance certification (TA-W-70,039). That certification
was issued on the basis of increased company imports of
articles like or directly competitive with catalysts for
converters.
Criterion III has been met because the loss of business
of catalytic converters sold to Umicore Autocat USA, Inc.,
Catoosa, Oklahoma contributed importantly to worker
separations at the subject firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Emitec, Inc.,
including on-site leased workers of Marketplace Staffing and
Ambassador Staffing, Fountain Inn, South Carolina who are
engaged in activities related to the production of catalytic
converters 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 Emitec, Inc., including on-site leased
workers of Marketplace Staffing and Ambassador Staffing,
Fountain Inn, South Carolina 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 13th day of October 2009.


/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance