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TAW-70957  /  Focus Products Group, LLC (Saint Louis, MO)

Petitioner Type: Unknown
Impact Date: 06/02/2008
Filed Date: 06/04/2009
Most Recent Update: 07/13/2009
Determination Date: 07/13/2009
Expiration Date: 07/13/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,957

FOCUS PRODUCTS GROUP, LLC
SWING-A-WAY
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER AND ADECCO
ST. LOUIS, MISSOURI


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. (Set forth in 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 June 4, 2009 on behalf of workers of Focus Products
Group, LLC, Swing-A-Way, St. Louis, Missouri. The workers are
engaged in activities related to the production of can openers.
The workers are not separately identifiable by products
produced. The worker group also includes on-site leased workers
from ManPower and Adecco.
The investigation revealed that workers of Focus Products
Group, LLC, Swing-A-Way, St. Louis, Missouri, who are engaged in
activities related to the production of can openers meet the
criteria for certification.
Criterion I has been met because at least 5 percent of
workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of can openers by Focus Products Group, LLC,
Swing-A-Way, to China.
Criterion III has been met because the shift in production
of can openers by Focus Products Group, LLC, Swing-A-Way, to
China contributed importantly to worker group separations at
Focus Products Group, LLC, Swing-A-Way.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Focus Products Group,
LLC, Swing-A-Way, including on-site leased workers from
ManPower and Adecco, St. Louis, Missouri, who are engaged in
employment related to production of can openers, 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 Focus Products Group, LLC, Swing-A-Way,
including on-site leased workers from ManPower and Adecco,
St. Louis, Missouri, who became totally or partially
separated from employment on or after June 2, 2008, 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 13th day of July, 2009


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