Petitioner Type: Company
Impact Date:
Filed Date: 03/02/2011
Most Recent Update: 05/04/2011
Determination Date: 05/04/2011
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,020
HANKOOK TIRE COMPANY, LTD
AKRON TECHNICAL CENTER
RESEARCH AND DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SUPERIOR STAFFING, INC.
UNIONTOWN, OHIO
Notice of Negative Determination
on Reconsideration
The initial investigation, initiated March 2, 2011, resulted
in a negative determination, issued on May 4, 2011, that was based
on the finding that there was no employment decline or threat of
separations at the subject firm. The determination was applicable
to workers and former workers of Hankook Tire Company, LTD, Akron
Technical Center, Research and Development Division, specifically
at 3535 Forest Lake Drive, Uniontown, Ohio 44685. The notice of
negative determination has not yet been published in the Federal
Register. The workers’ firm is engaged in activities related to the
supply of research and development services support to the global
corporate research and development center of Hankook Tire Company,
LTD. The subject worker group includes on-site leased workers from
Superior Staffing, Inc.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that criterion I
has not been met because fewer than 5 percent of the workers were
separated or were threatened with separation and the firm does not
plan any future separations nor have they experienced at least a 20
percent decline in hours and wages.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in such
workers’ firm, have not become totally or partially separated, nor
are they threatened to become totally or partially separated.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been
publically identified by name by the International Trade Commission
as a member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Hankook Tire
Company, LTD, Akron Technical Center, Research and Development
Division, Uniontown, Ohio, who were engaged in employment related
to the supply of research and development services support to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 18th day of November, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,020
HANKOOK TIRE COMPANY, LTD
AKRON TECHNICAL CENTER
RESEARCH AND DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SUPERIOR STAFFING, INC.
UNIONTOWN, OHIO
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:
(1) 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 such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.
(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.
For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and
(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 2, 2011 by the Ohio State Workforce Office on
behalf of workers of Hankook Tire Company, LTD, Akron Technical
Center, Research and Development Division, including on-site
leased workers of Superior Staffing, Inc., Uniontown, Ohio. The
workers’ firm is engaged in activities related to the production of
automotive tires. The worker group provides research and
development for tire production.
The petition alleges that the company established a design
studio and concentrated all design activities in a foreign country,
and that the position of Senior Industrial Designer was eliminated.
During the course of the investigation, information was
collected from the workers’ firm.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in the
workers’ firm have not become totally or partially separated, nor
are they threatened to become totally or partially separated.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Hankook Tire
Company, LTD, Akron Technical Center, Research and Development
Division, including on-site leased workers of Superior Staffing,
Inc., Uniontown, Ohio, engaged in activities related to
production of tires, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974, as
amended, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974, amended.
Signed in Washington, D.C. this 4th day of May, 2011.
/s/Michael W. Jaffe__________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-80,020
HANKOOK TIRE COMPANY, LTD
AKRON TECHNICAL CENTER
RESEARCH AND DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SUPERIOR STAFFING, INC.
UNIONTOWN, OHIO
Notice of Negative Determination
on Reconsideration
The initial investigation, initiated March 2, 2011, resulted
in a negative determination, issued on May 4, 2011, that was based
on the finding that there was no employment decline or threat of
separations at the subject firm. The determination was applicable
to workers and former workers of Hankook Tire Company, LTD, Akron
Technical Center, Research and Development Division, specifically
at 3535 Forest Lake Drive, Uniontown, Ohio 44685. The notice of
negative determination has not yet been published in the Federal
Register. The workers’ firm is engaged in activities related to the
supply of research and development services support to the global
corporate research and development center of Hankook Tire Company,
LTD. The subject worker group includes on-site leased workers from
Superior Staffing, Inc.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that criterion I
has not been met because fewer than 5 percent of the workers were
separated or were threatened with separation and the firm does not
plan any future separations nor have they experienced at least a 20
percent decline in hours and wages.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in such
workers’ firm, have not become totally or partially separated, nor
are they threatened to become totally or partially separated.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been
publically identified by name by the International Trade Commission
as a member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Hankook Tire
Company, LTD, Akron Technical Center, Research and Development
Division, Uniontown, Ohio, who were engaged in employment related
to the supply of research and development services support to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 18th day of November, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,020
HANKOOK TIRE COMPANY, LTD
AKRON TECHNICAL CENTER
RESEARCH AND DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SUPERIOR STAFFING, INC.
UNIONTOWN, OHIO
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:
(1) 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 such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.
(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.
For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and
(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 2, 2011 by the Ohio State Workforce Office on
behalf of workers of Hankook Tire Company, LTD, Akron Technical
Center, Research and Development Division, including on-site
leased workers of Superior Staffing, Inc., Uniontown, Ohio. The
workers’ firm is engaged in activities related to the production of
automotive tires. The worker group provides research and
development for tire production.
The petition alleges that the company established a design
studio and concentrated all design activities in a foreign country,
and that the position of Senior Industrial Designer was eliminated.
During the course of the investigation, information was
collected from the workers’ firm.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that Criterion (1) has not been met
because a significant number or proportion of the workers in the
workers’ firm have not become totally or partially separated, nor
are they threatened to become totally or partially separated.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Hankook Tire
Company, LTD, Akron Technical Center, Research and Development
Division, including on-site leased workers of Superior Staffing,
Inc., Uniontown, Ohio, engaged in activities related to
production of tires, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974, as
amended, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974, amended.
Signed in Washington, D.C. this 4th day of May, 2011.
/s/Michael W. Jaffe__________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
- 7 -