Certified
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TAW-74740  /  Bekaert Corporation (Vista, CA)

Petitioner Type: Company
Impact Date: 10/14/2009
Filed Date: 10/19/2010
Most Recent Update: 10/28/2010
Determination Date: 10/28/2010
Expiration Date: 10/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,740

BEKAERT CORPORATION
BEKAERT PROGRESSIVE COMPOSITES
INCLUDING ON-SITE LEASED WORKERS FROM
SELECT STAFFING AND CALTEK
VISTA, CALIFORNIA


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 October 19, 2010 by a company official on behalf of
workers of Bekaert Corporation, Bekaert Progressive Composites,
Vista, California (Bekaert). The workers are engaged in
activities related to the production of fiber reinforced
plastic (FRP) pressure vessels. The group includes on-site
leased workers from Select Staffing and CalTek.
The investigation revealed that workers of Bekaert who are
engaged in activities related to FRP pressure vessels meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Bekaert have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been satisfied because there has been a
shift by Bekaert to Spain in the production of articles like or
directly competitive with those produced by Bekaert.
Criterion III has been met because the shift of FRP
pressure vessels to Spain by Bekaert contributed importantly
to worker group separations at Bekaert.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bekaert Corporation,
Bekaert Progressive Composites, including on-site leased
workers from Select Staffing and CalTek, Vista, California,
who are engaged in activities related to the production of FRP
pressure vessels 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 Bekaert Corporation, Bekaert Progressive
Composites, including on-site leased workers from Select
Staffing and CalTek, Vista, California who became totally
or partially separated from employment on or after October
14, 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 28th day of October, 2010.


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