Certified
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TAW-73691  /  R. E. Phelon Company, Inc. (Aiken, SC)

Petitioner Type: Company
Impact Date: 03/10/2009
Filed Date: 03/11/2010
Most Recent Update: 05/19/2010
Determination Date: 05/19/2010
Expiration Date: 05/19/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,691

R. E. PHELON COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AIKEN STAFFING AND
SC VOCATION REHABILITATION
AIKEN, SOUTH CAROLINA

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 March 11, 2010 on behalf of workers of R. E. Phelon
Company, Inc., Aiken, South Carolina (R. E. Phelon). The
worker group includes on-site leased workers from Aiken
Staffing and SC Vocation Rehabilitation. The workers are
engaged in activities related to the production of aluminum
die cast products.
The investigation revealed that workers of R. E. Phelon,
including on-site leased workers from Aiken Staffing and SC
Vocation Rehabilitation, who are engaged in activities related
to the production of aluminum die cast products, meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of the workers have been separated.
Section 222(a)(2)(A)(i) has been met because the sales of
aluminum die cast products by R. E. Phelon have decreased
significantly during the relevant period.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
aluminum die cast products manufactured by R. E. Phelon have
increased. The Department of Labor surveyed R. E. Phelon's
major declining customers regarding purchases of aluminum die
cast products in 2008, 2009, and January to March 2010. The
survey revealed an increased reliance on imports of aluminum die
cast products in the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of aluminum die cast products by
customers of R. E. Phelon contributed importantly to the
worker group separations and sales declines at the Aiken,
South Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of R.E. Phelon Company,
Inc., Aiken, South Carolina, including on-site leased workers
from Aiken Staffing and SC Vocation Rehabilitation, who are
engaged in activities related to the production of aluminum
die cast products 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 R.E. Phelon Company, Inc., Aiken, South
Carolina, including on-site leased workers from Aiken
Staffing and SC Vocation Rehabilitation, who became
totally or partially separated from employment on or after
March 10, 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 19th day of May, 2010

/s/ Elliott S. Kushner

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