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TAW-71742  /  Kilian Manufacturing (Syracuse, NY)

Petitioner Type: Workers
Impact Date: 07/17/2008
Filed Date: 07/21/2009
Most Recent Update: 10/28/2009
Determination Date: 10/28/2009
Expiration Date: 10/28/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,742

KILIAN MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS OF ADECCO EMPLOYMENT
SERVICES, FIRST CHOICE STAFFING SERVICES, AND CONTEMPORARY
PROFESSIONAL SERVICES
SYRACUSE, NEW YORK

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 on July 21, 2009 by three workers on behalf of workers of
Kilian Manufacturing, Syracuse, New York. The workers produce
roller bearings and assemblies.
The investigation revealed that workers of Kilian
Manufacturing, who are engaged in employment related to the
production of roller bearings and assemblies, meet the
criteria for certification.
Section 222(a)(1) has been met because at least five
percent of workers have been separated over the relevant
period, and further separations are expected.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with the
roller bearings and assemblies produced by Kilian Bearings
have increased. Specifically, the subject firm has increased
its reliance on imports relative to its on-site production.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of roller bearings and assemblies by Kilian
Bearings contributed importantly to the worker group
separations
In addition, 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).

Criterion II has been satisfied because the workers' firm
has shifted to a foreign country a significant percentage of
the production of an article like or directly competitive with
the article produced by the workers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kilian Manufacturing,
including on-site leased workers of Adecco Employment
Services, First Choice Staffing Services, and Contemporary
Professional Services, Syracuse, New York, who are engaged in
employment related to the production of roller bearings 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 Kilian Manufacturing, including on-site
leased workers of Adecco Employment Services, First Choice
Staffing Services, and Contemporary Professional Services,
Syracuse, New York, who became totally or partially
separated from employment on or after July 17, 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 28th day of October, 2009

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance