Certified
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TAW-71528  /  United States Gypsum (La Mirada, CA)

Petitioner Type: Company
Impact Date: 06/29/2008
Filed Date: 07/02/2009
Most Recent Update: 08/06/2009
Determination Date: 08/06/2009
Expiration Date: 08/06/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,528

UNITED STATES GYPSUM
A SUBSIDIARY OF USG CORPORATION
LA MIRADA, CALIFORNIA


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 29, 2009 by a company official on behalf of
workers of United States Gypsum, a subsidiary of USG
Corporation, La Mirada, California (United States Gypsum).
The workers produce acoustical sealant. The petitioner alleges
that production has been outsourced to a foreign country.
The investigation revealed that workers of United States
Gypsum who are engaged in employment related to acoustical
sealant meet the criteria for certification.
Criterion I has been met because at least 5 percent of
workers have been separated from employment during January
through May 2009 when compared with the same period in 2008.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with articles produced by the workers.
Criterion III has been met because the acquisition of
acoustical sealant to Canada by United States Gypsum
contributed importantly to worker group separations at United
States Gypsum.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of United States Gypsum,
a subsidiary of USG Corporation, La Mirada, California, who are
engaged in employment related to acoustical sealant 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 United States Gypsum, a subsidiary of USG
Corporation, La Mirada, California, who became totally or
partially separated from employment on or after July 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 6th day of August, 2009.


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