DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,309

KOMATSU FORKLIFT USA, LLC
A SUBSIDIARY OF KAMATSU AMERICA CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION, RANDSTAD, TSI
FUTURE STAFF, STAFFMARK, AND RESOURCE MANUFACTURING
COVINGTON, GEORGIA


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 19, 2009 on behalf of workers of Komatsu Forklift
USA, LLC, a subsidiary of Komatsu America Corporation,
Covington, Georgia (Komatsu Forklift USA). The workers produce
internal combustion engines and electric forklifts. Komatsu
Forklift USA leased on-site workers from Spherion, Randstad,
TSI Future Staff, Staffmark, and Resource Manufacturing.
The investigation revealed that workers of Komatsu Forklift
USA who are engaged in employment related to the production of
internal combustion engines and electric forklifts meet the
criteria for certification.
Criterion I has been met because a significant number of
workers were separated from employment during the relevant
period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of internal
combustion engines and electric forklifts to Japan by Komatsu
Forklift USA contributed importantly to worker group
separations at Komatsu Forklift USA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Komatsu Forklift USA,
LLC, a subsidiary of Komatsu America Corporation, including
on-site leased workers from Spherion, Randstad, TSI Future
Staff, Staffmark, and Resource Manufacturing, Covington,
Georgia, who are engaged in employment related to internal
combustion engines and electric forklifts 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 Komatsu Forklift USA, LLC, a subsidiary of
Komatsu America Corporation, including on-site leased
workers from Spherion, Randstad, TSI Future Staff,
Staffmark, and Resource Manufacturing, Covington, Georgia,
who became totally or partially separated from employment
on or after June 15, 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 17th day of July, 2009.

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