Certified
« back to search results

TAW-71720  /  Yanagawa of South Carolina, Inc. (Manning, SC)

Petitioner Type: Workers
Impact Date: 07/06/2008
Filed Date: 07/17/2009
Most Recent Update: 10/02/2009
Determination Date: 10/02/2009
Expiration Date: 10/02/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,720

YANAGAWA OF SOUTH CAROLINA, INC.
A WHOLLY OWNED SUBSIDIARY OF YANAGAWA SEIKI CO., LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
OLSTEIN STAFFING SERVICES, KELLY SERVICES
AND PERFORMANCE STAFFING
MANNING, 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. 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 July 17, 2009 on behalf of workers of Yanagawa of South
Carolina, Inc., a wholly owned subsidiary of Yanagawa Seiki Co.,
Ltd., including on-site leased workers from Olstein Staffing
Services, Kelly Services, and Performance Staffing, Manning,
South Carolina. The workers produce aluminum castings and high
pressure die casts for automobile parts.
The investigation revealed that workers of Yanagawa of
South Carolina, Inc. who are engaged in employment related to
production of aluminum castings and high pressure die casts
meet the criteria for certification.
Criterion I has been met because at least five percent of
the worker group have become separated during the relevant
period.
Criterion II has been satisfied because the workers' firm
has shifted to Japan the production of articles like or
directly competitive with the aluminum castings and high
pressure die casts produced by the workers.
Criterion III has been met because the shift in
production to Japan by Yanagawa of South Carolina, Inc.
contributed importantly to worker group separations at the
Manning, South Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Yanagawa of South
Carolina, Inc., a wholly owned subsidiary of Yanagawa Seiki Co.,
Ltd., including on-site leased workers from Olstein Staffing
Services, Kelly Services, and Performance Staffing, Manning,
South Carolina who are engaged in employment related to the
production of aluminum castings and high pressure die casts
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 Yanagawa of South Carolina, Inc., a wholly
owned subsidiary of Yanagawa Seiki Co., Ltd., including on-
site leased workers from Olstein Staffing Services, Kelly
Services, and Performance Staffing, Manning, South
Carolina, who became totally or partially separated from
employment on or after July 6, 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 2nd day of October, 2009.

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