Certified
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TAW-74584  /  Sylvan America, Inc. (Kittanning, PA)

Petitioner Type: Company
Impact Date: 09/01/2009
Filed Date: 09/03/2010
Most Recent Update: 11/23/2010
Determination Date: 11/23/2010
Expiration Date: 11/23/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,584

SYLVAN AMERICA, INC.
A SUBSIDIARY OF SYLVAN, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO EMPLOYMENT SERVICES
KITTANNING, PENNSYLVANIA

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 September 3, 2010 by a company official on behalf of
workers of Sylvan America, Inc., a subsidiary of Sylvan, Inc.,
Kittanning, Pennsylvania. The worker group includes on-site
leased workers from Adecco Employment Services. The workers
were engaged in activities related to production of mushroom
spawn.
The investigation revealed that workers of Sylvan America,
Inc., who were engaged in activities related to production of
mushroom spawn, meet the criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of the workers' have been separated during the
relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and production of mushroom spawn by Sylvan America, Inc. have
decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because U.S.
aggregate imports of articles like or directly competitive with
the mushroom spawn produced by Sylvan America, Inc. have
increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased U.S. aggregate imports of mushrooms contributed
importantly to the worker group separations and
sales/production declines at the Kittanning, Pennsylvania
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sylvan America, Inc.,
a subsidiary of Sylvan, Inc., Kittanning, Pennsylvania, who
were engaged in activities related to production of mushroom
spawn, 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 Sylvan America, Inc., a subsidiary of
Sylvan, Inc., including on-site leased workers from
Adecco Employment Services, Kittanning, Pennsylvania, who
became totally or partially separated from employment on or
after September 1, 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 23rd day of November, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance