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TAW-72548  /  AGC Flat Glass North America, Inc. (Elizabethtown, KY)

Petitioner Type: Workers
Impact Date: 10/07/2008
Filed Date: 10/09/2009
Most Recent Update: 04/23/2010
Determination Date: 04/23/2010
Expiration Date: 04/23/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,548

AGC FLAT GLASS NORTH AMERICA, INC.
D/B/A AGC GLASS COMPANY NORTH AMERICA
SUBSIDIARY OF AGC AMERICA, INC.
AUTOMOTIVE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
ELIZABETHTOWN, 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 services used
in the production of 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 October 9, 2009 on behalf of workers of AGC Flat Glass
North America, Inc., d/b/a AGC Glass Company North America,
subsidiary of AGC America, Inc., Automotive Division,
Elizabethtown, Kentucky (hereinafter referred to AGC
Automotive). The worker group includes on-site leased workers
from Express Employment Professional. The workers are engaged in
activities related to the production of automotive safety glass.
The investigation revealed that workers of AGC Automotive,
who are engaged in activities related to the production of
automotive safety glass, meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers at the workers' firm were separated during the
relevant period and further separations are expected.
Criterion II has been met because workers of AGC
Automotive produced and sold automotive safety glass to be
incorporated into automobiles to a firm that employed a worker
group who is covered by an active certification for TAA based
on imports of automobiles.
Criterion III has been met because the loss of business
by AGC Automotive with the TAA-certified firm, with respect to
automotive safety glass sold to the TAA-certified firm,
contributed importantly to worker separations at the
Elizabethtown, Kentucky facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AGC Flat Glass North
America, Inc., d/b/a AGC Glass Company North America,
subsidiary of AGC America, Inc., Automotive Division,
Elizabethtown, Kentucky, who are engaged in activities related
to the production of automotive safety glass, meet the worker
group certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:






"All workers of AGC Flat Glass North America, Inc., d/b/a
AGC Glass Company North America, subsidiary of AGC
America, Inc., Automotive Division, including on-site
leased workers of Express Employment Professionals,
Elizabethtown, Kentucky, who became totally or partially
separated from employment on or after October 7, 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 23rd day of April, 2010


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