Petitioner Type: Workers
Impact Date: 02/04/2010
Filed Date: 02/11/2011
Most Recent Update: 03/10/2011
Determination Date: 03/10/2011
Expiration Date: 03/10/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,229
H.C. STARCK, INC.
CERAMICS AND SURFACE TECHNOLOGY/ADVANCED METALS AND
CERAMIC POWDERS DEPARTMENT
COLDWATER, MICHIGAN
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 February 11, 2011 on behalf of workers of H.C. Starck,
Inc., Ceramics and Surface Technology/Advanced Metals and
Ceramics Powders (CST/AMCP) Department, Coldwater, Michigan
(H.C. Starck-CST/AMCP). Workers at H.C. Starck, Inc. are
separately identifiable by article produced. The subject worker
group are engaged in employment related to the production of
refractory metals and the advanced ceramics. The subject worker
group does not include on-site leased workers.
The investigation revealed that the subject worker group at
H.C. Starck-CST/AMCP has met the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at H.C. Starck-CST/AMCP has been totally
or partially separated, or threatened with such separation,
during the relevant period. The Coldwater, Michigan facility
ceased operations in December 2010.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the refractory metals and the
advanced ceramics produced at the Coldwater, Michigan facility.
Criterion III has been met because the shift of
production to Germany contributed importantly to worker group
separations at H.C. Starck-CST/AMCP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of H.C. Starck-CST/AMCP,
Coldwater, Michigan, who are engaged in employment related to
the production of refractory metals and the advanced ceramics,
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 who of H.C. Starck, Inc., Ceramics and Surface
Technology/Advanced Metals and Ceramics Powders
Department, Coldwater, Michigan, who became totally or
partially separated from employment on or after February 4,
2010, 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 10th day of March, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-75,229
H.C. STARCK, INC.
CERAMICS AND SURFACE TECHNOLOGY/ADVANCED METALS AND
CERAMIC POWDERS DEPARTMENT
COLDWATER, MICHIGAN
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 February 11, 2011 on behalf of workers of H.C. Starck,
Inc., Ceramics and Surface Technology/Advanced Metals and
Ceramics Powders (CST/AMCP) Department, Coldwater, Michigan
(H.C. Starck-CST/AMCP). Workers at H.C. Starck, Inc. are
separately identifiable by article produced. The subject worker
group are engaged in employment related to the production of
refractory metals and the advanced ceramics. The subject worker
group does not include on-site leased workers.
The investigation revealed that the subject worker group at
H.C. Starck-CST/AMCP has met the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at H.C. Starck-CST/AMCP has been totally
or partially separated, or threatened with such separation,
during the relevant period. The Coldwater, Michigan facility
ceased operations in December 2010.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the refractory metals and the
advanced ceramics produced at the Coldwater, Michigan facility.
Criterion III has been met because the shift of
production to Germany contributed importantly to worker group
separations at H.C. Starck-CST/AMCP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of H.C. Starck-CST/AMCP,
Coldwater, Michigan, who are engaged in employment related to
the production of refractory metals and the advanced ceramics,
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 who of H.C. Starck, Inc., Ceramics and Surface
Technology/Advanced Metals and Ceramics Powders
Department, Coldwater, Michigan, who became totally or
partially separated from employment on or after February 4,
2010, 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 10th day of March, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance