83 FR 55750 - Post-Initial Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 83, Issue 216 (November 7, 2018)
Employment and Training Administration
Federal Register Volume 83, Issue 216 (November 7, 2018)
| Page Range | 55750-55752 | |
| FR Document | 2018-24292 |
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)] [Notices] [Pages 55750-55752] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24292] ----------------------------------------------------------------------- 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 August 20, 2018 through September 14, 2018. 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. Affirmative Determinations Regarding Applications for Reconsideration The following Applications for Reconsideration have been received and granted. See 29 CFR 90.18(d). The group of workers or other persons showing an interest in the proceedings may provide written submissions to show why the determination under reconsideration should or should not be modified. The submissions must be sent no later than ten days after publication in Federal Register. to the Office of the Director, Office of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room N-5428, 200 Constitution Avenue NW, Washington, DC 20210. See 29 CFR 90.18(f). ------------------------------------------------------------------------ TA-W No. Subject firm Location ------------------------------------------------------------------------ 93,624................... Georgia-Pacific Consumer Camas, WA. Operations LLC. ------------------------------------------------------------------------ [[Page 55751]] 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.) 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 55752]] ---------------------------------------------------------------------------------------------------------------- TA-W No. Subject firm Location Impact date Reason(s) ---------------------------------------------------------------------------------------------------------------- 93,924.................. Bombardier Pittsburgh, PA........ 6/26/2017 Worker Group Transportation Clarification. (Holdings) USA, Inc. 93,968.................. Sigma-Aldrich Co. LLC, St. Louis, MO......... 7/10/2017 Wages Reported Under USA. Different FEIN Number. ---------------------------------------------------------------------------------------------------------------- Signed at Washington, DC, on September 18, 2018. Hope D. Kinglock, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2018-24292 Filed 11-6-18; 8:45 am] BILLING CODE 4510-FN-P
![55750 Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices
(ii) Any individual or fiduciary of a exemption, and who is capable of DEPARTMENT OF LABOR
Plan participating in the Program; and reviewing and analyzing the Program
(iii) None of the persons described in and the requirements of this exemption Employment and Training
Section II(b)(l)(ii) shall be authorized to in a manner sufficient to perform the Administration
examine trade secrets of RCH, or audit. The Independent Auditor may
commercial or financial information derive no more than 2 percent of its Post-Initial Determinations Regarding
which is privileged or confidential. annual compensation from services Eligibility To Apply for Trade
provided directly or indirectly to RCH Adjustment Assistance
Section III. Definitions
or any of its affiliates or related parties;
(a) The term ‘‘New Plan Account’’ In accordance with Sections 223 and
(k) In a ‘‘Conduit Model Transfer,’’ 284 (19 U.S.C. 2273 and 2395) of the
means any account maintained by a
RCH first transfers an individual’s assets Trade Act of 1974 (19 U.S.C. 2271, et
Plan that has received contributions or
from either an Eligible Mandatory seq.) (‘‘Act’’), as amended, the
experienced investment activity within
Distribution Account or a non-RCH Department of Labor herein presents
the preceding three months and is held
default IRA to an RCH default IRA, and Notice of Affirmative Determinations
for the benefit of an individual that
then transfers the assets to a New Plan Regarding Application for
maintains active employment with the
Account based upon the RCH Program’s Reconsideration, summaries of Negative
plan sponsor;
determination that the individual has Determinations Regarding Applications
(b) The term ‘‘Locate and Match’’
opened a New Plan Account at the for Reconsideration, summaries of
means the technological process relied
individual’s current employer; Revised Certifications of Eligibility,
upon by RCH and participating record-
keepers to identify multiple accounts (l) In an ‘‘RCH Default IRA Model summaries of Revised Determinations
maintained by the same individual. Transfer,’’ the plan transfers an (after Affirmative Determination
(c) The term ‘‘Eligible Mandatory individual’s assets to an RCH Default Regarding Application for
Distribution Account’’ means an IRA, and RCH transfers the assets to a Reconsideration), summaries of
account with assets that is eligible for New Plan Account based upon the RCH Negative Determinations (after
mandatory distribution under section Program’s determination that the Affirmative Determination Regarding
401(a)(31) of the Code at the individual has opened a New Plan Application for Reconsideration),
individual’s prior employer plan; Account at the individual’s current summaries of Revised Determinations
(d) The term ‘‘Plan’’ means an employer; (on remand from the Court of
individual account defined contribution (m) The term ‘‘Settlement Date’’ International Trade), and summaries of
plan that satisfies the automatic rollover means the settlement date set forth in an Negative Determinations (on remand
rules under 29 CFR 2550.404a–2 or 3; applicable mutual fund’s prospectus. In from the Court of International Trade)
(e) The term ‘‘Program’’ means the no case will the Settlement Date be later regarding eligibility to apply for trade
RCH Auto Portability Program as it is than three days after the date the adjustment assistance under Chapter 2
described in this exemption and as it relevant sell order is placed. RCH has no of the Act (‘‘TAA’’) for workers by (TA–
applies to Eligible Mandatory discretion regarding the timing of the W) number issued during the period of
Distribution Accounts and Default IRAs, Settlement Date. August 20, 2018 through September 14,
as defined in this section; (n) An ‘‘affiliate’’ of a person includes: 2018. Post-initial determinations are
(f) The term, ‘‘RCH’’ means issued after a petition has been certified
Retirement Clearinghouse LLC or any (1) Any person directly or indirectly,
or denied. A post-initial determination
affiliates; through one or more intermediaries,
may revise a certification, or modify or
(g) The term ‘‘record-keeper’’ means controlling, controlled by, or under
affirm a negative determination.
record-keepers that are independent of common control with the person;
RCH and any Affiliates of the record- (2) Any officer, director, employee, Affirmative Determinations Regarding
keepers who elect to participate in the relative, or partner in any such person; Applications for Reconsideration
Program. and
(h) The term ‘‘Default IRA’’ means an The following Applications for
(3) Any corporation or partnership of Reconsideration have been received and
individual retirement account with which such person is an officer,
assets that is described in Section 408(a) granted. See 29 CFR 90.18(d).
director, partner, or employee.
of the Code and established pursuant to, The group of workers or other persons
(o) The term ‘‘control’’ means the showing an interest in the proceedings
and satisfies the requirements of,
power to exercise a controlling may provide written submissions to
Section 401(a)(31) of the Code and
influence over the management or show why the determination under
regulations at 29 CFR 2550.404a–2;
policies of a person other than an reconsideration should or should not be
(i) The term ‘‘Transfer Fee’’ means the
individual. modified. The submissions must be sent
fee paid to RCH for processing the
transfer of assets from the Default IRA Signed at Washington, DC, this 2nd day of no later than ten days after publication
or Eligible Mandatory Distribution November 2018. in Federal Register. to the Office of the
Account to the Current Plan Participant Lyssa Hall, Director, Office of Trade Adjustment
Account. Director, Office of Exemption Determinations, Assistance, Employment and Training
(j) The term ‘‘Independent Auditor’’ Employee Benefits Security Administration, Administration, U.S. Department of
means a person or entity with extensive U.S. Department of Labor. Labor, Room N–5428, 200 Constitution
knowledge of ERISA, the Code and the [FR Doc. 2018–24377 Filed 11–6–18; 8:45 am] Avenue NW, Washington, DC 20210.
amozie on DSK3GDR082PROD with NOTICES1
types of transactions described in this BILLING CODE 4510–29–P See 29 CFR 90.18(f).
TA–W No. Subject firm Location
93,624 ............... Georgia-Pacific Consumer Operations LLC ......................................................................................... Camas, WA.
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![55752 Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices
Impact
TA–W No. Subject firm Location Reason(s)
date
93,924 ........... Bombardier Transportation (Hold- Pittsburgh, PA ................................ 6/26/2017 Worker Group Clarification.
ings) USA, Inc.
93,968 ........... Sigma-Aldrich Co. LLC, USA ......... St. Louis, MO ................................. 7/10/2017 Wages Reported Under Different
FEIN Number.
Signed at Washington, DC, on September Articles or Services from a Foreign Section 222(b)—Adversely Affected
18, 2018. Country Path, as follows: Secondary Workers
Hope D. Kinglock,
(A) Increased Imports Path: In order for an affirmative
Certifying Officer, Office of Trade Adjustment
Assistance. (i) The sales or production, or both, of determination to be made for adversely
such firm, have decreased absolutely; affected secondary workers of a firm and
[FR Doc. 2018–24292 Filed 11–6–18; 8:45 am]
a certification issued regarding
BILLING CODE 4510–FN–P AND (ii and iii below)
eligibility to apply for TAA, the group
(ii)(I) imports of articles or services eligibility requirements of Section
like or directly competitive with articles 222(b) of the Act (19 U.S.C. 2272(b))
DEPARTMENT OF LABOR produced or services supplied by such must be met, as follows:
firm have increased; OR (1) A significant number or proportion
Employment and Training (II)(aa) imports of articles like or
Administration of the workers in the workers’ firm or
directly competitive with articles into an appropriate subdivision of the firm
Notice of Determinations Regarding which one or more component parts have become totally or partially
Eligibility To Apply for Trade produced by such firm are directly separated, or are threatened to become
Adjustment Assistance incorporated, have increased; OR totally or partially separated;
(II)(bb) imports of articles like or
In accordance with the Section 223 directly competitive with articles which AND
(19 U.S.C. 2273) of the Trade Act of are produced directly using the services (2) the workers’ firm is a supplier or
1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as supplied by such firm, have increased; downstream producer to a firm that
amended, the Department of Labor OR employed a group of workers who
herein presents summaries of (III) imports of articles directly received a certification of eligibility
determinations regarding eligibility to incorporating one or more component under Section 222(a) of the Act (19
apply for trade adjustment assistance parts produced outside the United U.S.C. 2272(a)), and such supply or
under Chapter 2 of the Act (‘‘TAA’’) for States that are like or directly production is related to the article or
workers by (TA–W) number issued competitive with imports of articles service that was the basis for such
during the period of August 20, 2018 incorporating one or more component certification (as defined in subsection
through September 14, 2018. (This parts produced by such firm have 222(c)(3) and (4) of the Act (19 U.S.C.
Notice primarily follows the language of increased; 2272(c)(3) and (4));
the Trade Act. In some places however, AND AND
changes such as the inclusion of (iii) the increase in imports described (3) either—
subheadings, a reorganization of in clause (ii) contributed importantly to (A) the workers’ firm is a supplier and
language, or ‘‘and,’’ ‘‘or,’’ or other words such workers’ separation or threat of the component parts it supplied to the
are added for clarification.) separation and to the decline in the firm described in paragraph (2)
Section 222(a)—Workers of a Primary sales or production of such firm; OR accounted for at least 20 percent of the
Firm (B) Shift in Production or Services to a production or sales of the workers’ firm;
Foreign Country Path OR Acquisition of OR
In order for an affirmative (B) a loss of business by the workers’
determination to be made for workers of Articles or Services from a Foreign
Country Path: firm with the firm described in
a primary firm and a certification issued paragraph (2) contributed importantly to
regarding eligibility to apply for TAA, (i)(I) There has been a shift by such the workers’ separation or threat of
the group eligibility requirements under workers’ firm to a foreign country in the separation determined under paragraph
Section 222(a) of the Act (19 U.S.C. production of articles or the supply of (1).
2272(a)) must be met, as follows: services like or directly competitive
(1) The first criterion (set forth in with articles which are produced or Section 222(e)—Firms Identified by the
Section 222(a)(1) of the Act, 19 U.S.C. services which are supplied by such International Trade Commission
2272(a)(1)) is that a significant number firm; OR In order for an affirmative
or proportion of the workers in such (II) such workers’ firm has acquired determination to be made for adversely
workers’ firm (or ‘‘such firm’’) have from a foreign country articles or affected workers in firms identified by
become totally or partially separated, or services that are like or directly the International Trade Commission and
are threatened to become totally or competitive with articles which are a certification issued regarding
partially separated; produced or services which are eligibility to apply for TAA, the group
amozie on DSK3GDR082PROD with NOTICES1
AND (2(A) or 2(B) below) supplied by such firm; eligibility requirements of Section
(2) The second criterion (set forth in AND 222(e) of the Act (19 U.S.C. 2272(e))
Section 222(a)(2) of the Act, 19 U.S.C. (ii) the shift described in clause (i)(I) must be met, by following criteria (1),
2272(a)(2)) may be satisfied by either (A) or the acquisition of articles or services (2), and (3) as follows:
the Increased Imports Path, or (B) the described in clause (i)(II) contributed (1) The workers’ firm is publicly
Shift in Production or Services to a importantly to such workers’ separation identified by name by the International
Foreign Country Path/Acquisition of or threat of separation. Trade Commission as a member of a
VerDate Sep<11>2014 17:46 Nov 06, 2018 Jkt 247001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1](https://thefederalregister.org/doc/83_FR_55966/page/3.svg)
Document Created: 2018-11-07 00:04:18
Document Modified: 2018-11-07 00:04:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 55750 |
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