Certified
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TAW-72721  /  Arquest, Inc. (Camden, AR)

Petitioner Type: State
Impact Date: 10/30/2008
Filed Date: 10/30/2009
Most Recent Update: 12/31/2009
Determination Date: 12/31/2009
Expiration Date: 12/31/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,721

ARQUEST, INC.
INCLUDING ON-SITE WORKERS OF
ESA STAFFING
CAMDEN, ARKANSAS

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 30, 2009 by a state workforce official on
behalf of the workers of Arquest, Inc., Camden, Arkansas. The
workers produced infant diapers. The worker group includes on-
site leased workers of ESA Staffing.
The investigation revealed that workers of Arquest, Inc.,
Camden, Arkansas, who are engaged in employment related to the
production of infant diapers, meet the criteria for
certification.
Criterion I has been met because at least five percent of
the workers have become separated in the relevant period.
Criterion II has been satisfied because the worker's firm
has shifted its acquisition of infant diapers to a contracted
company in Mexico.
Criterion III has been met because the shift in
acquisition contributed importantly to worker group
separations at the Camden, Arkansas facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Arquest, Inc.,
including on-site leased workers of ESA Staffing, Camden,
Arkansas, who are engaged in employment related to production of
infant diapers 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 Arquest, Inc., including on-site leased
workers of ESA Staffing, Camden, Arkansas, who became
totally or partially separated from employment on or after
October 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 31st day of December, 2009

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