DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,256

KYOHO MANUFACTURING CALIFORNIA (KHMCA)
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK STAFFING
STOCKTON, CALIFORNIA



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 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 by a State Workforce Official on January 13, 2010 on
behalf of the workers of Kyoho Manufacturing California,
Stockton, California (KHMCA). Workers at the subject firm are
engaged in activities related to the production of stamped and
welded automobile parts. The workers are not separately
identifiable by product. The worker group also includes on-site
leased workers from Aerotek Staffing.
The investigation revealed that workers of Kyoho
Manufacturing California, including on-site leased workers
from Aerotek Staffing, Stockton, California who are engaged in
employment related to the production of stamped and welded
automobile parts meet the criteria as Suppliers for secondary
worker 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 workers of KHMCA
produced and sold stamped and welded automobile parts to a
firm that employed a worker group who is covered by an active
certification to be incorporated into the Toyota Corolla.
Criterion III has been met because the stamped and welded
automobile parts produced by KHMCA for a firm that employed a
worker group covered by an active certification accounted for
at least 20 percent of the production or sales of KHMCA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kyoho Manufacturing
California, including on-site leased workers from Aerotek
Staffing, Stockton, California who are engaged in activities
related to the production of stamped and welded automobile
parts 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 Kyoho Manufacturing California, including
on-site leased workers from Aerotek Staffing, Stockton,
California, who became totally or partially separated from
employment on or after January 12, 2009 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 2nd day of April 2010


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