Certified
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TAW-73793  /  TCM America, Inc. (West Columbia, SC)

Petitioner Type: Company
Impact Date: 03/11/2009
Filed Date: 03/26/2010
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-73,793

TCM AMERICA, INC.
PREVIOUSLY TCM USA HOLDINGS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ROPER PERSONNEL
WEST COLUMBIA, SOUTH CAROLINA

TA-W-73,794

TCM AMERICA, INC.
PREVIOUSLY TCM USA HOLDINGS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ROPER PERSONNEL
HOUSTON, TEXAS

TA-W-73,795
TCM AMERICA, INC.
PREVIOUSLY TCM USA HOLDINGS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ROPER PERSONNEL
SWEDESBORO, NEW JERSEY

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. See 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 March 26, 2010 by a company official on behalf of
workers of TCM America, Inc., previously TCM America Holdings,
Inc., West Columbia, South Carolina (TA-W-73,793), TCM America,
Inc., previously TCM America Holdings, Inc., Houston, Texas (TA-
W-73,794) and TCM America, Inc., previously TCM America
Holdings, Inc., Swedesboro, New Jersey (TA-W-73,795) ("TCM").
The workers are engaged in activities related to the production
of industrial lift trucks. All three groups consist of on-
site leased workers from Roper Personnel.
The investigation revealed that workers of TCM who are
engaged in activities related to the production of industrial
lift trucks meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm must have become
totally or partially separated.
Criterion II has been satisfied because 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.
Criterion III has been met because the shift of
industrial lift trucks to Japan by TCM contributed importantly
to worker group separations at TCM.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TCM America, Inc.,
previously TCM America Holdings, Inc., including on-site leased
workers from Roper Personnel, West Columbia, South Carolina (TA-
W-73,793), TCM America, Inc., previously TCM America Holdings,
Inc., including on-site leased workers from Roper Personnel,
Houston, Texas (TA-W-73,794) and TCM America, Inc., previously
TCM America Holdings, Inc., including on-site leased workers
from Roper Personnel, Swedesboro, New Jersey (TA-W-73,795), who
are engaged in activities related to the production of
industrial lift trucks 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 TCM America, Inc., previously TCM America
Holdings, Inc., including on-site leased workers from Roper
Personnel, West Columbia, South Carolina (TA-W-73,793), TCM
America, Inc., previously TCM America Holdings, Inc.,
including on-site leased workers from Roper Personnel,
Houston, Texas (TA-W-73,794) and TCM America, Inc.,
previously TCM America Holdings, Inc., including on-site
leased workers from Roper Personnel, Swedesboro, New Jersey
(TA-W-73,795), who became totally or partially separated
from employment on or after March 11, 2009, 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 18th day of May, 2010.

/s/ Elliott S. Kushner

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