DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,364

TOKUSEN U.S.A., INC.
SCOTTSBURG DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
SCOTTSBURG, 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 "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on December 12, 2017 by three workers on behalf of
workers of Tokusen U.S.A., Inc., Scottsburg division, including
on-site leased workers from Manpower, Scottsburg, Indiana
(Tokusen). The workers' firm is engaged in activities related to
the production of steel tire cord.
During the course of the investigation, information was
collected from the workers' firm, the petitioner, and the major
declining customer(s) of the workers' firm.
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 Tokusen is a
Supplier 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 is related to the finished
article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the steel tire
cord produced by Tokusen for a firm that employed a certified
worker group accounted for at least 20 percent of the
production or sales of Tokusen.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tokusen U.S.A., Inc.,
Scottsburg division, including on-site leased workers from
Manpower, Scottsburg, Indiana, who are engaged in activities
related to the production of steel tire cord 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 Tokusen U.S.A., Inc., Scottsburg division,
including on-site leased workers from Manpower,
Scottsburg, Indiana, who became totally or partially
separated from employment on or after December 6, 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 28th day of May 2018.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance