Post-Initial Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
| Published date | 29 August 2019 |
| Citation | 84 FR 45523 |
| Record Number | 2019-18623 |
| Section | Notices |
| Court | Employment And Training Administration,Labor Department |
Federal Register, Volume 84 Issue 168 (Thursday, August 29, 2019)
[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Pages 45523-45525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18623]
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DEPARTMENT OF LABOR
Employment and Training Administration
Post-Initial Determinations Regarding Eligibility To Apply for
Trade Adjustment Assistance
In accordance with Sections 223 and 284 (19 U.S.C. 2273 and 2395)
of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) (``Act''), as
amended, the Department of Labor herein presents Notice of Affirmative
Determinations Regarding Application for Reconsideration, summaries of
Negative Determinations Regarding Applications for Reconsideration,
summaries of Revised Certifications of Eligibility, summaries of
Revised Determinations (after Affirmative Determination Regarding
Application for Reconsideration), summaries of Negative Determinations
(after Affirmative Determination Regarding Application for
Reconsideration), summaries of Revised Determinations (on remand from
the Court of International Trade), and summaries of Negative
Determinations (on remand from the Court of International Trade)
regarding eligibility to apply for trade adjustment assistance under
Chapter 2 of the Act (``TAA'') for workers by (TA-W) number issued
during the period of July 1st 2019 through July 31st 2019. Post-initial
determinations are issued after a petition has been certified or
denied. A post-initial determination may revise a certification, or
modify or affirm a negative determination.
Notice of Revised Certifications of Eligibility
Revised certifications of eligibility have been issued with respect
to cases where affirmative determinations and certificates of
eligibility were issued initially, but a minor error was discovered
after the certification was issued. The revised certifications are
issued pursuant to the Secretary's authority under section 223 of the
Act and 29 CFR 90.16. Revised Certifications of Eligibility are final
determinations for purposes of judicial review pursuant to section 284
of the Act (19 U.S.C. 2395) and 29 CFR 90.19(a).
Summary of Statutory Requirement
(This Notice primarily follows the language of the Trade Act. In
some places however, changes such as the inclusion of subheadings, a
reorganization of language, or ``and,'' ``or,'' or other words are
added for clarification.)
[[Page 45524]]
Section 222(a)--Workers of a Primary Firm
In order for an affirmative determination to be made for workers of
a primary firm and a certification issued regarding eligibility to
apply for TAA, the group eligibility requirements under Section 222(a)
of the Act (19 U.S.C. 2272(a)) must be met, as follows:
(1) The first criterion (set forth in Section 222(a)(1) of the Act,
19 U.S.C. 2272(a)(1)) is that a significant number or proportion of the
workers in such workers' firm (or ``such firm'') have become totally or
partially separated, or are threatened to become totally or partially
separated;
AND (2(A) or 2(B) below)
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. 2272(a)(2)) may be satisfied by either (A) the Increased
Imports Path, or (B) the Shift in Production or Services to a Foreign
Country Path/Acquisition of Articles or Services from a Foreign Country
Path, as follows:
(A) Increased Imports Path:
(i) the sales or production, or both, of such firm, have decreased
absolutely;
AND (ii and iii below)
(ii) (I) imports of articles or services like or directly
competitive with articles produced or services supplied by such firm
have increased; OR
(II)(aa) imports of articles like or directly competitive with
articles into which one or more component parts produced by such firm
are directly incorporated, have increased; OR
(II)(bb) imports of articles like or directly competitive with
articles which are produced directly using the services supplied by
such firm, have increased; OR
(III) imports of articles directly incorporating one or more
component parts produced outside the United States that are like or
directly competitive with imports of articles incorporating one or more
component parts produced by such firm have increased;
AND
(iii) the increase in imports described in clause (ii) contributed
importantly to such workers' separation or threat of separation and to
the decline in the sales or production of such firm; OR
(B) Shift in Production or Services to a Foreign Country Path OR
Acquisition of Articles or Services from a Foreign Country Path:
(i)(I) there has been a shift by such workers' firm to a foreign
country in the production of articles or the supply of services like or
directly competitive with articles which are produced or services which
are supplied by such firm; OR
(II) such workers' firm has acquired from a foreign country
articles or services that are like or directly competitive with
articles which are produced or services which are supplied by such
firm;
AND
(ii) the shift described in clause (i)(I) or the acquisition of
articles or services described in clause (i)(II) contributed
importantly to such workers' separation or threat of separation.
Section 222(b)--Adversely Affected Secondary Workers
In order for an affirmative determination to be made for adversely
affected secondary workers of a firm and a certification issued
regarding eligibility to apply for TAA, the group eligibility
requirements of Section 222(b) of the Act (19 U.S.C. 2272(b)) must be
met, as follows:
(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;
AND
(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 (as defined in subsection 222(c)(3)
and (4) of the Act (19 U.S.C. 2272(c)(3) and (4));
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 determined under paragraph (1).
Section 222(e)--Firms Identified by the International Trade Commission
In order for an affirmative determination to be made for adversely
affected workers in firms identified by the International Trade
Commission and a certification issued regarding eligibility to apply
for TAA, the group eligibility requirements of Section 222(e) of the
Act (19 U.S.C. 2272(e))must be met, by following criteria (1), (2), and
(3) as follows:
(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) of the Act (19 U.S.C. 2252(b)(1)); OR
(B) an affirmative determination of market disruption or threat
thereof under section 421(b)(1) of the Act (19 U.S.C. 2436(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));
AND
(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) of the Trade Act
(19 U.S.C. 2252(f)(1)) with respect to the affirmative determination
described in paragraph (1)(A) is published in the Federal Register
under section 202(f)(3) (19 U.S.C. 2252(f)(3)); OR
(B) notice of an affirmative determination described in
subparagraph (B) or (C) of paragraph (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) of the Act (19 U.S.C. 2273(b)),
the 1-year period preceding the 1-year period described in paragraph
(2).
Revised Certifications of Eligibility
The following revised certifications of eligibility to apply for
TAA have been issued. The date following the company name and location
of each determination references the impact date for all workers of
such determination, and the reason(s) for the determination.
The following revisions have been issued.
[[Page 45525]]
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TA-W No. Subject firm Location Impact date Reason(s)
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93,723.................. Steelcase Inc......... Grand Rapids, MI...... 4/11/2017 Wages Reported Under
Different FEIN
Number.
93,723A................. Steelcase Inc......... Kentwood, MI.......... 4/11/2017 Wages Reported Under
Different FEIN
Number.
94,655.................. Lowe's Home Centers, Kirkland, WA.......... 3/22/2018 Worker Group
LLC. Clarification.
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Revised Determinations (on Remand From the Court of International
Trade)
The following revised determinations on remand, certifying
eligibility to apply for TAA, have been issued. The date following the
company name and location of each determination references the impact
date for all workers of such determination and the reason(s) for the
determination.
The following revised determinations on remand, certifying
eligibility to apply for TAA, have been issued. The requirements of
Section 222(a)(2)(B) (Shift in Production or Services to a Foreign
Country Path or Acquisition of Articles or Services from a Foreign
Country Path) of the Trade Act have been met.
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TA-W No. Subject firm Location Impact date
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92,826............ Honeywell Melville, NY..... 4/14/2016
International,
Inc.
92,826A........... Honeywell Melville, NY..... 4/14/2016
International,
Inc.
92,826B........... Honeywell Melville, NY..... 4/14/2016
International,
Inc.
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I hereby certify that the aforementioned determinations were issued
during the period of July 1st through July 31st 2019. These
determinations are available on the Department's website https://www.doleta.gov/tradeact/taa/taa_search_form.cfm under the searchable
listing determinations or by calling the Office of Trade Adjustment
Assistance toll free at 888-365-6822.
Signed at Washington, DC, this 6th day of August 2019.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2019-18623 Filed 8-28-19; 8:45 am]
BILLING CODE 4510-FN-P
