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TAW-74335  /  Jatal, Inc. (Auburn, WA)

Petitioner Type: State
Impact Date: 06/30/2009
Filed Date: 07/02/2010
Most Recent Update: 08/19/2010
Determination Date: 08/19/2010
Expiration Date: 08/19/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,335

JATAL, INC.
D/B/A ACCEL PLASTICS
INCLUDING ON-SITE LEASED WORKERS FROM SMART TALENT
AUBURN, WASHINGTON

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 on July 2, 2010 by a state workforce official on behalf of
the workers of Jatal Inc., doing business as Accel Plastics,
Auburn, Washington (Accel Plastics). The workers were engaged
in activities related to production of thermoformed plastic
components. The worker group includes on-site leased workers
from Smart Talent.
The investigation revealed that workers of Accel Plastics
who are engaged in employment related to production of
thermoformed plastic components meet the criteria as Suppliers
for secondary worker certification.
Criterion I has been met because a significant proportion
of the workers in the workers' firm have become totally or
partially separated.
Criterion II has been satisfied because Accel Plastics
produced and sold thermoformed plastic components to a firm
that employed a worker group that is covered by an active
certification to be incorporated in off-highway trucks and cabs
for Class 8 heavy duty and off-highway trucks.
Criterion III has been met because the firm that employed
a worker group covered by an active certification accounted for
at least 20 percent of the production or sales of the workers'
firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Jatal Inc., doing
business as Accel Plastics, Auburn, Washington, including on-
site leased workers from Smart Talent, who are engaged in
activities related to production of thermoformed plastic
components meet the worker group certification criteria under
Section 222(c) of the Act, 19 U.S.C. § 2272(c). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:


"All workers of Accel Plastics, Auburn, Washington,
including on-site leased workers from Smart Talent, who
became totally or partially separated from employment on or
after June 30, 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 August, 2010

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