Certified
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TAW-85736  /  Kolektor TKI Inc. (Fountain Inn, SC)

Petitioner Type: Company
Impact Date: 12/17/2013
Filed Date: 12/18/2014
Most Recent Update: 01/29/2015
Determination Date: 01/29/2015
Expiration Date: 01/29/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,736

KOLEKTOR TKI INC.
INCLUDING ON-SITE LEASED WORKERS FROM
INNOVATIVE HIRING SERVICES AND HIRE DYNAMICS
FOUNTAIN INN, SOUTH CAROLINA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(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
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic 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

The investigation was initiated in response to a petition
filed on December 18, 2014 by a company official on behalf of
workers of Kolektor TKI Inc., Fountain Inn, South Carolina. The
workers' firm is engaged in activities related to the production
of commutators. The worker group includes on-site leased workers
from Innovative Hiring Services and Hire Dynamics.
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 employment
decline is related to the shift in production of commutators to
a foreign country that is party to a free trade agreement with
the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

The Department has determined that Criterion I has not been
met because a significant number of workers in the workers' firm
were not 50 years of age or older during the period under
investigation. A significant number means that at least three
workers in a firm (or appropriate subdivision thereof) with a
work force of fewer than 50 workers would have to be affected.
Moreover, the Department has determined that Criterion II
has not been met because the workers in the workers' firm do not
possess skills that are not easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kolektor TKI Inc.,
including on-site leased workers from Innovative Hiring Services
and Hire Dynamics, Fountain Inn, South Carolina, who are engaged
in activities related to the production of commutators 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 Kolektor TKI Inc., including on-site leased
workers from Innovative Hiring Services and Hire Dynamics,
Fountain Inn, South Carolina, who became totally or
partially separated from employment on or after December
17, 2013, 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;
and I further determine that all workers of Kolektor TKI
Inc., including on-site leased workers from Innovative
Hiring Services and Hire Dynamics, Fountain Inn, South
Carolina are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974, as amended."
Signed in Washington, D.C. this 29th day of January, 2015.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance