DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,095

AVON PRODUCTS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION/SOURCE RIGHT
SPRINGDALE, OHIO

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on April 8, 2010, applicable to workers of Avon
Products, Inc., Springdale, Ohio. The workers produce cosmetics,
in particular pump spray items, liquid and roll-on items, and
lipstick and hot fill items. The notice was published in the
Federal Register on May 5, 2010 (75 FR 24750).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from Spherion/Source Right were
employed on-site at the Springdale, Ohio location of Avon
Products. The Department has determined that these workers were
sufficiently under the control of Avon Products, Springdale, Ohio
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Spherion/Source
Right working on-site at the Springdale, Ohio location of Avon
Products.
The amended notice applicable to TA-W-73,095 is hereby
issued as follows:
"All workers of Avon Products, Inc., including on-site
leased workers from Spherion/Source Right, Springdale,
Ohio, who became totally or partially separated from
employment on or after December 13, 2008, through April
8, 2012, 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 at Washington, D.C. this 28th day of September 2011.

/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,095

AVON PRODUCTS, INC.
SPRINGDALE, 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(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 December 15, 2009 by a company official on behalf of
workers of Avon Products, Inc., Springdale, Ohio. The workers are
engaged in activities related to the production of cosmetics, in
particular pump spray items, liquid and roll-on items, and
lipstick and hot fill items.
The investigation revealed that workers of Avon Products,
Inc. who are engaged in activities related to the production of
cosmetics meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers’ firm
has shifted to Mexico the production of articles like or directly
competitive with the articles provided by the workers.
Criterion III has been met because the shift of production
of cosmetics to an affiliated foreign supplier by Avon Products,
Inc. contributed importantly to worker group separations at the
subject firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avon Products, Inc.,
Springdale, Ohio, who are engaged in activities related to the
production of cosmetics 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 Avon Products, Inc., Springdale, Ohio, who
became totally or partially separated from employment on or
after December 13, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on 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 8th day of April, 2010


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



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