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TAW-74467  /  Zach System Corporation (La Porte, TX)

Petitioner Type: Workers
Impact Date: 08/03/2009
Filed Date: 08/04/2010
Most Recent Update: 10/01/2010
Determination Date: 10/01/2010
Expiration Date: 10/01/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74.467

ZACH SYSTEM CORPORATION
A SUBDIVISION OF ZAMBON COMPANY, SPA
INCLUDING ON-SITE LEASED WORKERS OF
TURNER INDUSTRIES AND GO JOHNSON
LA PORTE, TEXAS

Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on October 1, 2010, applicable to workers
of Zach System Corporation, a subdivision of Zach System SPA, La
Porte, Texas, including on-site leased workers from Turner
Industries and Go Johnson, La Porte, Texas. The Department’s
notice of determination was published in the Federal Register on
October 15, 2010 (75 FR 63511).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the manufacture of pharmaceutical catalysts and
active ingredients.
The investigation revealed that Zach System Corporation is
a subdivision of Zambon Company, SPA, not Zach System SPA.
Based on these findings, the Department is amending this
certification to correct the parent company name of the subject
firm to read Zambon Company, SPA.
The amended notice applicable to TA-W-74,467 is hereby
issued as follows:
"All workers of Zach System Corporation, a subdivision
of Zambon Company, SPA, including on-site leased
workers of Turner Industries and Go Johnson, La Porte,
Texas, who became totally or partially separated from
employment on or after August 3, 2009, through October
1, 2012, 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 23rd day of November, 2010.


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,467

ZACH SYSTEM CORPORATION
A SUBDIVISION OF ZACH SYSTEM SPA
INCLUDING ON-SITE LEASED WORKERS OF TURNER INDUSTRIES AND GO
JOHNSON
LA PORTE, TEXAS

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 August 4, 2010 by three workers on behalf of workers of
Zach System Corporation, a subdivision of Zach System SpA,
including on-site leased workers of Turner Industries and Go
Johnson, La Porte, Texas. The workers manufacture
pharmaceutical catalysts and active ingredients.
The investigation revealed that workers of Zach System
Corporation who are engaged in employment related to the
production of pharmaceutical catalysts and active ingredients
meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated over the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of
pharmaceutical catalysts and active ingredients to France by
Zach System Corporation contributed importantly to worker
group separations at Zach System Corporation.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Zach System
Corporation, a subdivision of Zach System SpA, including on-
site leased workers of Turner Industries and Go Johnson, La
Porte, Texas, who are engaged in employment related to the
production of pharmaceutical intermediates and active
ingredients, 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 Zach System Corporation, a subdivision of
Zach System SpA, including on-site leased workers of
Turner Industries and Go Johnson, La Porte, Texas, who
became totally or partially separated from employment on or
after August 3, 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 1st day of October, 2010


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