Petitioner Type: Company
Impact Date: 07/07/2008
Filed Date: 07/07/2009
Most Recent Update: 02/12/2010
Determination Date: 02/12/2010
Expiration Date: 07/07/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,563
KB ALLOYS, LLC
INCLUDING ON-SITE LEASED WORKERS OF ADECCO
ROBARDS, KENTUCKY
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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed by a company official on July 7, 2009 on behalf of workers
of KB Alloys, LLC, Robards, Kentucky. Workers at the subject
firm are engaged in activities related to the production of
aluminum master alloys for a variety of applications. The
workers are not separately identifiable by product. The worker
group also includes on-site leased workers of Adecco.
The investigation further revealed that workers of KB
Alloys, LLC, Robards, Kentucky who are engaged in employment
related to the production of aluminum master alloys meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of aluminum master alloys by the subject firm
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with aluminum master
alloys produced by KB Alloys, LLC, Robards, Kentucky have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm's major declining customers regarding
their purchases of master aluminum alloys during the relevant
period. The survey revealed increased customer reliance on
imported master aluminum alloys.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of aluminum master alloys by customers of
KB Alloys, LLC, Robards, Kentucky contributed importantly to
the worker group separations and sales/production declines at
KB Alloys, LLC, Robards, Kentucky.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of KB Alloys, LLC,
including on-site leased workers of Adecco, Robards, Kentucky
who are engaged in activities related to the production of
aluminum master alloys 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 KB Alloys, LLC, including on-site leased
workers of Adecco, Robards, Kentucky, who became totally
or partially separated from employment on or after July 7,
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 February 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,563
KB ALLOYS, LLC
INCLUDING ON-SITE LEASED WORKERS OF ADECCO
ROBARDS, KENTUCKY
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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed by a company official on July 7, 2009 on behalf of workers
of KB Alloys, LLC, Robards, Kentucky. Workers at the subject
firm are engaged in activities related to the production of
aluminum master alloys for a variety of applications. The
workers are not separately identifiable by product. The worker
group also includes on-site leased workers of Adecco.
The investigation further revealed that workers of KB
Alloys, LLC, Robards, Kentucky who are engaged in employment
related to the production of aluminum master alloys meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of aluminum master alloys by the subject firm
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with aluminum master
alloys produced by KB Alloys, LLC, Robards, Kentucky have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm's major declining customers regarding
their purchases of master aluminum alloys during the relevant
period. The survey revealed increased customer reliance on
imported master aluminum alloys.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of aluminum master alloys by customers of
KB Alloys, LLC, Robards, Kentucky contributed importantly to
the worker group separations and sales/production declines at
KB Alloys, LLC, Robards, Kentucky.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of KB Alloys, LLC,
including on-site leased workers of Adecco, Robards, Kentucky
who are engaged in activities related to the production of
aluminum master alloys 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 KB Alloys, LLC, including on-site leased
workers of Adecco, Robards, Kentucky, who became totally
or partially separated from employment on or after July 7,
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 February 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance