Certified
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TAW-71069  /  BonaKemi USA, Inc. (Monroe, NC)

Petitioner Type: Company
Impact Date: 06/08/2008
Filed Date: 06/09/2009
Most Recent Update: 08/18/2009
Determination Date: 08/18/2009
Expiration Date: 08/18/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,069

BONAKEMI USA, INC.
MONROE PRODUCTION
INCLUDING ON-SITE LEASED WORKERS OF
MAR-KEY SPECIALIZED STAFFING
MONROE, NORTH 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(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 9, 2009 by the company official on behalf of
workers of BonaKemi USA, Inc., Monroe Production, Monroe, North
Carolina. The workers are engaged in the production of water-
based hardwood floor finishes. The investigation revealed that
the worker group includes on-site leased workers of Mar-Key
Specialized Staffing. The workers are not separately
identifiable by products produced.
The investigation revealed that workers of BonaKemi USA,
Inc., Monroe Production, Monroe, North Carolina who are engaged
in employment related to the production of water-based
hardwood floor finishes 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 water-based hardwood floor finishes by
BonaKemi USA, Inc., Monroe Production to Sweden during the
relevant period.
Criterion III has been met because the shift in production
of water-based hardwood floor finishes by BonaKemi USA, Inc.,
Monroe Production, to Sweden contributed importantly to worker
group separations at the Monroe, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BonaKemi USA, Inc.,
Monroe Production, including on-site leased workers of Mar-Key
Specialized Staffing, Monroe, North Carolina who are engaged in
employment related to production of water-based hardwood floor
finishes, 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 BonaKemi USA, Inc., Monroe Production,
including on-site leased workers of Mar-Key
Specialized Staffing, Monroe, North Carolina who became
totally or partially separated from employment on or after
June 8, 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 18th day of August, 2009


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