Certified
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TAW-71493  /  Evergreen Shipping Agency (America) Corporation (Daniel Island, SC)

Petitioner Type: State
Impact Date: 06/30/2008
Filed Date: 06/30/2009
Most Recent Update: 11/12/2009
Determination Date: 11/12/2009
Expiration Date: 11/12/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,493

EVERGREEN SHIPPING AGENCY (AMERICA) CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF TALENT TREE, INC.
CHARLESTON, 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(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)) June 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 30, 2009 by a one-stop operator on behalf of
workers of Evergreen Shipping Agency (America) Corporation,
Charleston, South Carolina (EGA). The workers are engaged in
services for the shipping industry, including customer
service, sales, marketing, logistics, administrative support,
and documentation processing. The worker group includes on-site
leased workers from Talent Tree, Inc.
The investigation revealed that workers of EGA meet the
criteria for certification.
Criterion I has been met because a significant proportion
of workers have been separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in the acquisition of documentation processing services
by EGA to a firm in Taiwan.
Criterion III has been met because the shift in
documentation processing services contributed importantly to
worker group separations at the Charleston, South Carolina
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Evergreen Shipping
Agency (America) Corporation, including on-site leased workers
of Talent Tree, Inc., Charleston, South Carolina, who are
engaged in employment related to general agency services
including customer service, sales, marketing, logistics,
administrative support, and documentation processing, 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 Evergreen Shipping Agency (America)
Corporation, including on-site leased workers of Talent
Tree, Inc., Charleston, South Carolina, who became totally
or partially separated from employment on or after June 30,
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 12th day of November, 2009.
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance