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TAW-73121  /  Hyosung USA, Inc. (Scottsville, VA)

Petitioner Type: Workers
Impact Date: 12/11/2008
Filed Date: 12/17/2009
Most Recent Update: 03/25/2010
Determination Date: 03/25/2010
Expiration Date: 03/25/2012

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-73,121

HYOSUNG USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM DEFENDER SERVICES
SCOTTSVILLE, VIRGINIA

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. (Set forth in 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 17, 2009 on behalf of workers of Hyosung USA,
Inc., Scottsville, Virginia (Hyosung USA, Inc.). The workers are
engaged in activities related to the production of polyester and
nylon tire cord. The workers are not separately identifiable by
product. The worker group includes on-site leased workers from
Defender Services.
The investigation revealed that workers of Hyosung USA,
Inc., including on-site leased workers from Defender Services,
Scottsville, Virginia who are engaged in employment related to
the production of polyester and nylon tire cord meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift in production of polyester and nylon tire cord by Hyosung
USA, Inc., to Vietnam.
Criterion III has been met because the shift of production
of polyester and nylon tire cord by Hyosung USA, Inc., to Vietnam
contributed importantly to worker group separations at Hyosung
USA, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hyosung USA, Inc.,
including on-site leased workers from Defender Services,
Scottsville, Virginia, who are engaged in activities related to
production of polyester and nylon tire cord, 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 Hyosung USA, Inc., including on-site leased
workers from Defender Services, Scottsville, Virginia who
became totally or partially separated from employment on or
after December 11, 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 25th day of March, 2010


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