Petitioner Type: State
Impact Date: 07/24/2019
Filed Date: 07/27/2020
Most Recent Update: 03/04/2021
Determination Date: 03/04/2021
Expiration Date: 03/04/2023
Employment and Training Administration
TA-W-96,098
PK USA, INC.
A SUBSIDIARY OF PRESS KOGYO CO., LTD
SHELBYVILLE, 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(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 27, 2020 by a state workforce office on behalf of
workers and former workers of PK USA, Inc., a subsidiary of
Press Kogyo Co., Ltd, Shelbyville, Indiana (PK USA-Shelbyville).
Workers of PK USA-Shelbyville are engaged in activities related
to the production of component parts for motor vehicles.
Firm includes an individual proprietorship, partnership,
joint venture, association, corporation, business trust,
cooperative, trustee in bankruptcy, and receiver under decree of
any court, as well as any predecessor, successor-in-interest, or
affiliated firm controlled or substantially beneficially owned
by substantially the same entity. 29 CFR 90
During the course of the investigation, information was
collected from the petition, the workers' firm, the firm's
customer(s), industry reports, and other sources.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in PK USA-Shelbyville 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 a portion of production of
like or directly competitive articles which contributed
importantly to worker group separations at PK USA-Shelbyville.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of PK USA-Shelbyville,
who are engaged in activities related to the production of
component parts for motor vehicles, 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 PK USA, Inc., a subsidiary of Press Kogyo
Co., Ltd, Shelbyville, Indiana, who became totally or
partially separated from employment on or after July 24,
2019 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 March, 2021
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance