DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,697

FEDERAL-MOGUL
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES
SUMMERTON, SOUTH CAROLINA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on October 27, 2009, applicable to workers of Federal-
Mogul, Summerton, South Carolina. The notice was published in the
Federal Register on December 11, 2009 (74 FR 65795).
At the request of the State, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in activities related to production of molded rubber
products (seals and gaskets).
The company reported that workers leased from Kelly Services
were employed on-site at the Summerton, South Carolina location
of Federal-Mogul. The Department has determined that these
workers were sufficiently under the control of the subject firm
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Kelly Services
working on-site at the Summerton, South Carolina location of
Federal-Mogul.
The amended notice applicable to TA-W-71,697 is hereby
issued as follows:
"All workers Federal-Mogul, including on-site leased
workers from Kelly Services, Summerton, South Carolina,
who became totally or partially separated from
employment on or after July 15, 2008, through October
27, 2011, 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 at Washington, D.C. this 28th day of April 2010.


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

4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,697

FEDERAL-MOGUL
SUMMERTON, 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)) 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. (Set forth in 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 July 16, 2009 by a company official on behalf of the
workers of Federal-Mogul, Summerton, South Carolina (Federal-
Mogul). The workers are engaged in activities related to the
production of molded rubber products (e.g. seals and gaskets). The
workers are not separately identifiable by products.
The investigation revealed that workers of Federal-Mogul,
Summerton, South Carolina, who are engaged in activities related
to the production of molded rubber products meet the criteria for
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 satisfied because there has been a
shift in a portion of the production of molded rubber products by
Federal-Mogul to China and Mexico.
Criterion III has been met because the shift in a portion of
the production of molded rubber products by Federal-Mogul to China
and Mexico contributed importantly to worker group separations at
Federal-Mogul.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Federal-Mogul,
Summerton, South Carolina, who are engaged in activities related
to the production of molded rubber products, 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 Federal-Mogul, Summerton, South Carolina, who
became totally or partially separated from employment on or
after July 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 27th day of October, 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance




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