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TAW-71000  /  Sypris Technologies Marion LLC (Marion, OH)

Petitioner Type: Company
Impact Date: 06/05/2009
Filed Date: 06/05/2009
Most Recent Update: 08/28/2009
Determination Date: 08/28/2009
Expiration Date: 08/28/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,000

SYPRIS TECHNOLOGIES MARION, LLC
MARION, OHIO

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 August 28, 2009, applicable to workers
of Sypris Technologies Marion, LLC, Marion, Ohio. The notice
was published in the Federal Register on November 5, 2009 (74 FR
57341).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production on drive train parts for the heavy
truck industry.
The review shows that on June 4, 2007, a certification of
eligibility to apply for adjustment assistance was issued for
all workers of Sypris Technologies Marion, LLC, Marion, Ohio,
separated from employment on or after April 24, 2006 through
June 4, 2009. The notice was published in the Federal Register
on March 7, 2008 (73 FR 12466).
In order to avoid an overlap in worker group coverage, the
Department is amending the June 4, 2008 impact date established
for TA-W-71,000, to read June 5, 2009.
The amended notice applicable to TA-W-71,000 is hereby
issued as follows:
“All workers of Sypris Technologies Marion, LLC, Marion,
Ohio, who became totally or partially separated from
employment on or after June 5, 2009, through August 28,
2011, 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 23rd day of June 2010.



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


4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,000

SYPRIS TECHNOLOGIES MARION LLC
MARION, OHIO

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 June 5, 2009 by a company official on behalf of
workers of Sypris Technologies Marion LLC, Marion, Ohio. The
workers produced drive train parts for the heavy truck
industry.
The investigation revealed that workers of Sypris
Technologies Marion, Inc. who are engaged in employment
related to production of drive train parts meet the criteria
for certification.
Criterion I has been met because at least five percent of
the workers have become separated during the relevant period.
Criterion II has been met because Sypris Technologies
Marion, Inc. has shifted to Mexico the production of articles
like or directly competitive with drive train parts produced
by the workers’ firm.
Criterion III has been met because the shift of
production of drive train parts to a foreign country by Sypris
Technologies Marion, Inc. contributed importantly to worker
group separations at the Marion, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sypris Technologies
Marion LLC, Marion, Ohio, who are engaged in employment related
to production of drive train 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 Sypris Technologies Marion LLC, Marion,
Ohio who became totally or partially separated from
employment on or after June 4, 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 28th day of August, 2009.


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





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