Certified
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TAW-81806  /  Gates Corporation, Ashe County P2P Hydraulic Tubing Assembly Facility (Jefferson, NC)

Petitioner Type: Company
Impact Date: 07/16/2011
Filed Date: 07/17/2012
Most Recent Update: 08/02/2012
Determination Date: 08/02/2012
Expiration Date: 08/02/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,806

GATES CORPORATION
ASHE COUNTY P2P HYDRAULIC TUBING ASSEMBLY FACILITY
A WHOLLY OWNED SUBSIDIARY OF TOMKINS, LTD
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
JEFFERSON, 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:
(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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on July 17, 2012 by a company official on behalf of workers
of Gates Corporation, Ashe County P2P Hydraulic Tubing Assembly
facility, a wholly owned subsidiary of Tomkins, LTD., Jefferson,
North Carolina (Gates). The workers' firm is engaged in
activities related to the production of steel tubing.
Specifically, the workers bend steel tubing in to shapes per
customer specifications and affixes metal and rubber connector
fittings to the tubing. The subject group includes on-site leased
workers from Kelly Services.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers which contributed importantly to worker group separations
at Gates.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gates Corporation,
Ashe County P2P Hydraulic Tubing Assembly facility, a wholly
owned subsidiary of Tomkins, LTD., including on-site leased
workers from Kelly Services, Jefferson, North Carolina, who are
engaged in activities related to the production of steel tubing
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 Gates Corporation, Ashe County P2P Hydraulic
Tubing Assembly facility, a wholly owned subsidiary of
Tomkins, LTD., including on-site leased workers from Kelly
Services, Jefferson, North Carolina, who became totally or
partially separated from employment on or after July 16,
2011 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 2nd day of August, 2012.

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