Certified
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TAW-72540  /  Komatsu Forest, LLC (Shawano, WI)

Petitioner Type: Workers
Impact Date: 09/25/2008
Filed Date: 10/09/2009
Most Recent Update: 05/07/2010
Determination Date: 05/07/2010
Expiration Date: 05/07/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,540

KOMATSU FOREST, LLC
A SUBSIDIARY OF KOMATSU FOREST, AB
SHAWANO, WISCONSIN

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 October 9, 2009 on behalf of workers of Komatsu
Forest, LLC, a subsidiary of Komatsu Forest, AB, Shawano,
Wisconsin (Komatsu Shawano). Workers at the subject firm are
engaged in activities related to the production of tracked
forest machinery. The workers are not separately identifiable by
product.
The investigation further revealed that workers of Komatsu
Shawano who are engaged in employment related to the production
of tracked forest machinery meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of tracked forest machinery by the subject
firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with tracked forest
machinery produced by Komatsu Shawano have increased.
Specifically, the Department of Labor conducted a survey of the
subject firm's major declining customer regarding their
purchases of tracked forest machinery during the relevant
period. The survey revealed increased imports of tracked forest
machinery.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of tracked forest machinery by customers
of Komatsu Shawano contributed importantly to the worker group
separations and sales/production declines at Komatsu Shawano.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Komatsu Forest, LLC,
a subsidiary of Komatsu Forest, AB, Shawano, Wisconsin, who are
engaged in activities related to the production of tracked
forest machinery 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 Komatsu Forest, LLC, a subsidiary of
Komatsu Forest, AB, Shawano, Wisconsin, who became totally
or partially separated from employment on or after
September 25, 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 7th day of May 2010


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