DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,690

WHIRLAWAY CINCINNATI
A SUBSIDARIY OF WHIRLAWAY CORPORATION
HAMILTON, OHIO

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 28, 2009, by three workers, on behalf of
workers of Whirlaway Cincinnati, a subsidiary of Whirlaway
Corporation, Hamilton, Ohio. The workers were engaged in
employment related to the production of automotive components
used in steering systems and other such subassemblies.
Petitioners allege constriction in the auto industry has
resulted loss of sales of the subject firm.
The investigation revealed that workers of Whirlaway
Cincinnati, who are engaged in employment related to the
production of automotive components, meet the criteria as
suppliers for secondary worker certification.
Criterion I has been met because a significant proportion
or number of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been met because Whirlaway Cincinnati
produced and sold component parts to be incorporated into
automotive steering systems by a firm whose workers were
certified eligible to apply for Trade Adjustment Assistance
(TAA) on the basis of that article.
Criterion III has been met because the loss of business by
Whirlaway Cincinnati to the TAA-certified firm, with respect
to automotive components, contributed importantly to the
worker separations at the Hamilton, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlaway Cincinnati,
a subsidiary of Whirlaway Corporation, Hamilton, Ohio, who are
engaged in employment related to the production of automotive
components 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 Whirlaway Cincinnati, a subsidiary of
Whirlaway Corporation, Hamilton, Ohio, who became totally
or partially separated from employment on or after October
1, 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 28th day of April, 2010

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