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TAW-74172  /  Toshiba America Consumer Products, Inc. (Lebanon, TN)

Petitioner Type: Union
Impact Date: 05/28/2009
Filed Date: 06/01/2010
Most Recent Update: 08/03/2010
Determination Date: 08/03/2010
Expiration Date: 08/03/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,172

TOSHIBA AMERICA CONSUMER PRODUCTS, LLC.
TENNESSEE OPERATIONS PRODUCT RETURN CENTER ("PRC")
LEBANON, TENNESSEE

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 June 1, 2010 by a company official on behalf of
workers of Toshiba America Consumer Products, LLC, Tennessee
Operations Product Return Center ("PRC"), Lebanon, Tennessee
(hereinafter referred to as Toshiba, Product Return Center).
The workers supply refurbishing/assembly services of
televisions and related light engines.
The investigation revealed that workers of Toshiba, Product
Return Center, who supply refurbishing/assembly services of
televisions and related light engines, meet the criteria for
certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period
and further separations are scheduled.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of services like
directly competitive with the services provided by the
workers.
Criterion III has been met because the shift of
refurbishing/assembly services of televisions and related
light engines to Mexico by Toshiba, Product Return Center
contributed importantly to worker group separations at the
Lebanon, Tennessee facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toshiba America
Consumer Products, LLC, Tennessee Operations Product Return
Center ("PRC"), Lebanon, Tennessee, who supply
refurbishing/assembly services of televisions and related
light engines, 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 Toshiba America Consumer Products, LLC,
Tennessee Operations Product Return Center ("PRC"),
Lebanon, Tennessee, who became totally or partially
separated from employment on or after May 28, 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 3rd day of August, 2010.

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance