Certified
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TAW-73100  /  Superior Tire and Rubber Corporation (Warren, PA)

Petitioner Type: Workers
Impact Date: 11/30/2008
Filed Date: 12/15/2009
Most Recent Update: 04/28/2010
Determination Date: 04/28/2010
Expiration Date: 04/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,100

SUPERIOR TIRE AND RUBBER CORPORATION
INCLUDING LEASED WORKERS FROM ACCENT HUMAN RESOURCES, INC.
WARREN, PENNSYLVANIA

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on December 15, 2009 on behalf of workers of Superior Tire
and Rubber Corporation, Warren, Pennsylvania (Superior Tire
and Rubber Corporation). Workers at the subject firm are engaged
in activities related to the production of solid industrial
tires, undercarriage components, and wear items. The workers are
not separately identifiable by product. The worker group
includes on-site leased workers from Accent Human Resources,
Inc.
The investigation revealed that workers of Superior Tire
and Rubber Corporation who are engaged in employment related to
the production of solid industrial tires, undercarriage
components, and wear items meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the
sales/production of solid industrial tires, undercarriage
components, and wear items by the subject firm have decreased
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with solid industrial
tires, undercarriage components, and/or wear items produced by
Superior Tire and Rubber Corporation have increased.
Specifically, the Department of Labor conducted a survey of the
subject firm's major declining customers regarding their
purchases of solid industrial tires, undercarriage components,
and wear items during the relevant period. The survey revealed
increased customer reliance on imported tires.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of tires by customers of Superior Tire
and Rubber Corporation contributed importantly to the worker
group separations and sales/production declines at Superior
Tire and Rubber Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Superior Tire and
Rubber Corporation, including on-site leased workers from
Accent Human Resources, Inc., Warren, Pennsylvania who are
engaged in activities related to the production of solid
industrial tires, undercarriage components, and wear items 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 Superior Tire and Rubber Corporation,
including on-site leased workers from Accent Human
Resources, Inc., Warren, Pennsylvania, who became totally
or partially separated from employment on or after November
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 28th day of April, 2010.


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