DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,307

TOYOTETSU AMERICA INCORPORATED
A SUBSIDIARY OF TOYODA IRON WORKS COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
JC MALONE ASSOCIATES
SOMERSET, 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 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 September 15, 2009 by the Lake Cumberland Area
Development District on behalf of workers of Toyotetsu America,
Inc., a subsidiary of Toyoda Iron Works Company, Inc.,
Somerset, Kentucky. The investigation revealed that the worker
group includes on-site leased workers of JC Malone Associates.
Workers at the subject firm produce stamped and welded
automotive parts.
The investigation revealed that workers of Toyotetsu
America, Inc., a subsidiary of Toyoda Iron Works Company,
including on-site leased workers of JC Malone Associates,
Somerset, Kentucky who are engaged in employment related to
the production of stamped and welded automotive 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 satisfied because workers of
Toyotetsu America, Inc., a subsidiary of Toyoda Iron Works
Company, including on-site leased workers JC Malone
Associates, Somerset, Kentucky produced and sold stamped and
welded automotive parts to New United Motor Manufacturing,
Inc., Freemont, California to be incorporated into automobile
assembly. Workers of New United Motor Manufacturing, Inc.,
Freemont, California (TA-W 72,748) were issued a certification
on the basis of a shift in production of automobiles to a
foreign country.
Criterion III has been met because the stamped and welded
automotive parts produced by Toyotetsu America, Inc., a
subsidiary of Toyoda Iron Works Company, Somerset, Kentucky
for New United Motor Manufacturing, Inc., Freemont, California
accounted for a significant portion of the production and
sales of Toyotetsu America, Inc., a subsidiary of Toyoda Iron
Works Company, Somerset, Kentucky.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toyotetsu America,
Inc., a subsidiary of Toyoda Iron Works Company, including on-
site leased workers of JC Malone Associates, Somerset, Kentucky
who are engaged in activities related to the production of
stamped and welded automotive 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 America, Inc., a subsidiary of
Toyoda Iron Works Company, including on-site leased
workers of JC Malone Associates, Somerset, Kentucky, who
became totally or partially separated from employment on or
after September 14, 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 30th day of November 2009.



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