Petitioner Type: Company
Impact Date: 01/25/2012
Filed Date: 01/29/2013
Most Recent Update: 02/27/2013
Determination Date: 02/27/2013
Expiration Date: 02/27/2015
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,375
APEX TOOL GROUP, LLC
GASTONIA OPERATION DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO USA, AEROTEK COMMERCIAL STAFFING AND IDG USA, LLC
GASTONIA, NORTH CAROLINA
Amended 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
issued a Certification of Eligibility to Apply for Worker Adjustment
Assistance on February 27, 2013, applicable to workers of Apex Tool
Group, LLC, Gastonia operation Division, including on-site leased
workers from Adecco USA and Aerotek Commercial Staffing, Gastonia,
North Carolina. The workers are engaged in activities related to the
production of mechanic’s hand tool sets. The notice was published in
the Federal Register on March 26, 2013 (78 FR 18367).
Based on information obtained during a pending investigation for
TA-W-82,881, the Department reviewed the certification for workers of
the subject firm. New information from the company shows that
workers leased from IDG USA, LLC were employed on-site at the
Gastonia Operation Division of Apex Tool Group, LLC, Gastonia, North
Carolina. The Department has determined that these workers were
sufficiently under the control of Apex Tool Group, LLC, Gastonia
Operation Division to be considered leased workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by a shift in
the production of mechanic’s hand tool sets to a foreign country.
Based on these findings, the Department is amending this
certification to include workers leased from IDG USA, LLC working on-
site within the Gastonia Operation Division at the Gastonia, North
Carolina location of the subject firm.
The amended notice applicable to TA-W-82,375 is hereby issued as
follows:
"All workers from Apex Tool Group, LLC, Gastonia Operation
Division, including on-site leased workers from Adecco USA,
Aerotek Commercial Staffing, and IDG USA, LLC, Gastonia,
North Carolina, who became totally or partially separated
from employment on or after January 25, 2012, through
February 27, 2015, 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 at Washington, D.C. this 16th day of August, 2013
/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,375
APEX TOOL GROUP, LLC
GASTONIA OPERATION DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO USA AND AEROTEK COMMERICAL STAFFING
GASTONIA, 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 January 29, 2013 by a company official on behalf of workers of
Apex Tool Group, LLC, Gastonia Operation Division, including on-
site leased workers from Adecco USA and Aerotek Commercial
Staffing, Gastonia, North Carolina (Apex). The workers’ firm is
engaged in activities related to the production of mechanic’s hand
tool sets.
Section 222(a)(1) has been met because a significant number or
proportion of the workers at Apex 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 those produced by the workers, which
contributed importantly to worker group separations at Apex.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of Apex Tool Group, LLC, Gastonia Operation
Division, Gastonia, North Carolina, who are engaged in activities
related to the production of mechanic’s hand tool sets, 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 Apex Tool Group, LLC, Gastonia Operation
Division, including on-site leased workers from Adecco USA and
Aerotek Commercial Staffing, Gastonia, North Carolina, who
became totally or partially separated from employment on or
after January 25, 2012, 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 27th day of February, 2013
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-82,375
APEX TOOL GROUP, LLC
GASTONIA OPERATION DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO USA, AEROTEK COMMERCIAL STAFFING AND IDG USA, LLC
GASTONIA, NORTH CAROLINA
Amended 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
issued a Certification of Eligibility to Apply for Worker Adjustment
Assistance on February 27, 2013, applicable to workers of Apex Tool
Group, LLC, Gastonia operation Division, including on-site leased
workers from Adecco USA and Aerotek Commercial Staffing, Gastonia,
North Carolina. The workers are engaged in activities related to the
production of mechanic’s hand tool sets. The notice was published in
the Federal Register on March 26, 2013 (78 FR 18367).
Based on information obtained during a pending investigation for
TA-W-82,881, the Department reviewed the certification for workers of
the subject firm. New information from the company shows that
workers leased from IDG USA, LLC were employed on-site at the
Gastonia Operation Division of Apex Tool Group, LLC, Gastonia, North
Carolina. The Department has determined that these workers were
sufficiently under the control of Apex Tool Group, LLC, Gastonia
Operation Division to be considered leased workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by a shift in
the production of mechanic’s hand tool sets to a foreign country.
Based on these findings, the Department is amending this
certification to include workers leased from IDG USA, LLC working on-
site within the Gastonia Operation Division at the Gastonia, North
Carolina location of the subject firm.
The amended notice applicable to TA-W-82,375 is hereby issued as
follows:
"All workers from Apex Tool Group, LLC, Gastonia Operation
Division, including on-site leased workers from Adecco USA,
Aerotek Commercial Staffing, and IDG USA, LLC, Gastonia,
North Carolina, who became totally or partially separated
from employment on or after January 25, 2012, through
February 27, 2015, 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 at Washington, D.C. this 16th day of August, 2013
/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,375
APEX TOOL GROUP, LLC
GASTONIA OPERATION DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO USA AND AEROTEK COMMERICAL STAFFING
GASTONIA, 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 January 29, 2013 by a company official on behalf of workers of
Apex Tool Group, LLC, Gastonia Operation Division, including on-
site leased workers from Adecco USA and Aerotek Commercial
Staffing, Gastonia, North Carolina (Apex). The workers’ firm is
engaged in activities related to the production of mechanic’s hand
tool sets.
Section 222(a)(1) has been met because a significant number or
proportion of the workers at Apex 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 those produced by the workers, which
contributed importantly to worker group separations at Apex.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of Apex Tool Group, LLC, Gastonia Operation
Division, Gastonia, North Carolina, who are engaged in activities
related to the production of mechanic’s hand tool sets, 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 Apex Tool Group, LLC, Gastonia Operation
Division, including on-site leased workers from Adecco USA and
Aerotek Commercial Staffing, Gastonia, North Carolina, who
became totally or partially separated from employment on or
after January 25, 2012, 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 27th day of February, 2013
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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