DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,599

TOYOTETSU MID AMERICA
INCLUDING ON-SITE LEASED WORKERS FROM
MALONE STAFFING
OWENSBORO, 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on July 8, 2009 on behalf of workers of Toyotetsu Mid
America, Owensboro, Kentucky. The workers are engaged in
activities related to the production of auto parts (stamped and
welded). The worker group includes on-site leased workers from
Malone Staffing
The investigation revealed that workers of Toyotetsu Mid
America, including on-site leased workers from Malone Staffing,
Owensboro, Kentucky who are engaged in activities related to
the production of auto parts, meet the criteria as suppliers
for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been met because workers of Toyotetsu Mid
America produced and sold stamped and welded auto parts to a
firm that employed a worker group who is covered by an active
certification to be incorporated into automobiles.
Criterion III has been met because the loss of business
by Toyotetsu Mid America with the TAA-certified firm, with
respect to stamped and welded auto parts sold to the TAA-
certified firm, contributed importantly to worker separations
at Toyotetsu Mid America.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toyotetsu Mid
America, including on-site leased workers from Malone Staffing,
Owensboro, Kentucky, who are engaged in activities related to
stamped and welded auto parts 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 Toyotetsu Mid America, including on-site
leased workers from Malone Staffing, Owensboro, 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 8th day of December, 2009


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