Certified
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TAW-73600  /  Kyowa America Corporation (Westminster, CA)

Petitioner Type: State
Impact Date: 03/01/2009
Filed Date: 03/02/2010
Most Recent Update: 05/18/2010
Determination Date: 05/18/2010
Expiration Date: 05/18/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,600

KYOWA AMERICA CORPORATION
WAREHOUSE DEPARTMENT
WESTMINSTER, 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(a), 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 services used
in the production of 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 on March 2, 2010 on behalf of workers of Kyowa America
Corporation, Warehouse Department, Westminster, California.
The workers are engaged in employment related to the supply of
automotive parts distribution and sequencing services.
The investigation revealed that workers of Kyowa America
Corporation, Warehouse Department who are engaged in
employment related to the supply of automotive parts
distribution and sequencing services meet the criteria for
certification.
Criterion I has been met because a significant proportion
of the workers were separated during the relevant period.
Criterion II has been satisfied because workers of Kyowa
America Corporation, Warehouse Department, Westminster,
California supplied automotive distribution and sequencing
services to a firm that employed a worker group that is
covered by an active certification.
Criterion III has been met because the services supplied
by Kyowa America Corporation for a firm that employed a worker
group covered by an active certification accounted for at
least 20 percent of the sales of Kyowa America Corporation,
Warehouse Department, Westminster, California.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kyowa America
Corporation, Warehouse Department, Westminster, California,
who are engaged in employment related to the supply of
automotive parts distribution and sequencing services, 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 Kyowa America Corporation, Warehouse
Department, Westminster, California, who became totally or
partially separated from employment on or after March 1,
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 18th day of May, 2010

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance