TAA Decision 71658
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,658
COOPER TIRE AND RUBBER COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
PREMIUM PERSONNEL AND KANN ENTERPRISES
MORAINE, OHIO
TA-W-71,658A
COOPER TIRE AND RUBBER COMPANY
CAMDEN, NEW JERSEY
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(f) of the Act, 19 U.S.C. § 2272(f), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on July 14, 2009 by a company official on behalf of workers
of Cooper Tire and Rubber Company, Moraine, Ohio (TA-W-71,658),
and Camden, New Jersey (TA-W-71,658A). The workers at the
Moraine, Ohio facility distribute pneumatic tires for passenger
vehicles and light trucks. The workers at the Camden, New Jersey
facility warehouse pneumatic tires for passenger vehicles and
light trucks. The worker group includes leased workers of
Premium Personnel and Kann Enterprises working on-site at the
Moraine, Ohio facility.
The petition was filed on June 14, 2009 references an
affiliated company located in Albany, Georgia. That location is
covered by an active certification (TA-W-64,829) that expires
February 6, 2011. Therefore, the Albany, Georgia location is not
included in this determination.
The investigation revealed that on June 25, 2009, the
International Trade Commission found that certain passenger
vehicle and light truck tires from the People's Republic of
China are being imported into the United States in such
increased quantities or under such conditions as to cause or
threaten to cause market disruption to the domestic producers of
like or directly competitive products.
A petition has been filed on behalf of workers of Cooper
Tire and Rubber Company, Moraine, Ohio and Camden, New Jersey.
The subject firm was publicly identified by name by the
International Trade Commission as a member of a domestic industry
in an investigation resulting in a category of determination that
is listed in Section 222(f) of the Act, 19 U.S.C. § 2272(f). The
determination was published in the Federal register on June 25,
2009, which is within one year of the date of the petition filed
requesting TAA certification.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cooper Tire and Rubber
Company, including on-site leased workers of Premium Personnel
and Kann Enterprises, Moraine, Ohio, and Camden, New Jersey, are
engaged in employment related to certain passenger vehicle and
light truck pneumatic tires ("the worker group") meet the
certification criteria under Section 222(f) of the Act, 19 U.S.C.
§ 2272(f). In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:
"All workers of Cooper Tire and Rubber Company, including
on-site leased workers of Premium Personnel and Kann
Enterprises, Moraine, Ohio (TA-W-71,658), who became
totally or partially separated on or after June 25, 2008
through June 25, 2010, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
"All workers of Cooper Tire and Rubber Company, Camden, New
Jersey (TA-W-71,658A), who became totally or partially
separated on or after June 25, 2008 through June 25, 2010,
are eligible to apply for adjustment assistance under Chapter
2 of Title II of the Trade Act of 1974, as amended." and
Signed in Washington, D.C., this 27th day of August, 2009
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance