DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,800

TOYO SEAL AMERICA CORPORATION
MOORESVILLE, NORTH CAROLINA

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 November 1, 2010 by three workers on behalf of workers
of Toyo Seal America Corporation, Mooresville, North Carolina.
The workers manufactured rubber seals for the automotive
bearing industry.
The investigation revealed that workers of Toyo Seal
America Corporation who were engaged in employment related to
the production of rubber seals 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 in
production of rubber seals to Poland, Indonesia, and China by
Toyo Seal America Corporation contributed importantly to
worker group separations at Toyo Seal America Corporation.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toyo Seal America
Corporation, Mooresville, North Carolina, who are engaged in
employment related to the production of rubber seals, 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 Toyo Seal America Corporation,
Mooresville, North Carolina, who became totally or
partially separated from employment on or after October 27,
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 6th day of December, 2010


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