Certified
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TAW-72638  /  AVX Corporation (Myrtle Beach, SC)

Petitioner Type: Workers
Impact Date: 09/30/2008
Filed Date: 10/21/2009
Most Recent Update: 01/05/2010
Determination Date: 01/05/2010
Expiration Date: 01/05/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,638

AVX CORPORATION
A SUBSIDIARY OF KYOCERA GROUP COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM IHT, KELLY SERVICES, AND
OLSTEN
MYRTLE BEACH, 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 October 21, 2009, on behalf of workers of AVX
Corporation, a subsidiary of Kyocera Group Company, Myrtle
Beach, South Carolina. The workers in engaged in production
related to ceramic capacitors and electronic components. The
worker group includes on-site leased workers from IHT, Kelly
Services, and Olsten.
The investigation revealed that workers of AVX Corporation
who are engaged in employment related to production of ceramic
capacitors and electronic components meet the criteria for
certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in
production by AVX Corporation contributed importantly to
worker group separations at AVC Corporation.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AVX Corporation, a
subsidiary of Kyocera Group Company, including on-site leased
workers from IHT, Kelly Services, and Olsten, Myrtle Beach,
South Carolina, who are engaged in employment related to ceramic
capacitors and electronic components 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 AVX Corporation, a subsidiary of Kyocera
Group Company, including on-site leased workers from IHT,
Kelly Services, and Olsten, Myrtle Beach, South Carolina,
who became totally or partially separated from employment
on or after September 30, 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 5th day of January, 2010

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance