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TAW-93208  /  Deufol Sunman (Sunman, IN)

Petitioner Type: State
Impact Date: 10/04/2016
Filed Date: 10/06/2017
Most Recent Update: 05/04/2018
Determination Date: 05/04/2018
Expiration Date: 05/04/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,208

DEUFOL SUNMAN
INCLUDING ON-SITE LEASED WORKERS FROM CFA AND LABORWORKS
SUNMAN, INDIANA


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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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 or service 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
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for another
firm for articles or services with respect to which a group of
workers in such other firm has been certified under subsection (a)
[of Section 222 of the Act]" and defines the term "value-added
production processes or services" to "include final assembly,
finishing, testing, packaging, or maintenance or transportation
services."
The investigation was initiated in response to a petition
filed on October 6, 2017 on behalf of workers of Deufol Sunman,
including on-site leased workers from CFA and Laborworks, Sunman,
Indiana. The workers' firm is engaged in activities related to the
supply of contract packaging services.
Section 222(b)(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(b)(2) has been met because workers of Deufol
Sunman is a 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 service is
related to the finished article or service that was the basis for
such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Deufol Sunman with the aforementioned firm
contributed importantly to separations at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Deufol Sunman, Sunman,
Indiana, who are engaged in activities related to the supply of
contract packaging services, meet the worker group certification
criteria under Section 222(b) of the Act, 19 U.S.C. § 2272(b). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
"All workers of Deufol Sunman, including on-site leased
workers from CFA and Laborworks, Sunman, Indiana, who became
totally or partially separated from employment on or after
October 4, 2016 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 4th day of May 2018.

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance