83 FR 62377 - Post-Initial Determinations Regarding Eligiblity To Apply for Trade Adjustment Assistance

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 83, Issue 232 (December 3, 2018)

[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62377-62379]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26189]


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DEPARTMENT OF LABOR

Employment and Training Administration


Post-Initial Determinations Regarding Eligiblity 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 September 17th, 2018 through October 19th, 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/Negative Determinations Regarding Applications for 
Reconsideration

    The certifying officer may grant an application for reconsideration 
under the following circumstances: (1) If it appears on the basis of 
facts not previously considered that the determination complained of 
was erroneous; (2) If it appears that the determination complained of 
was based on a mistake in the determination of facts previously 
considered; or (3) If, in the opinion of the certifying officer, a 
misinterpretation of facts or of the law justifies reconsideration of 
the determination. See 29 CFR 90.18(c).

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).

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     TA-W No.            Subject firm                 Location
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93,702............  Koppers Inc..........  Follansbee, WV.
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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

[[Page 62378]]

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.

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               TA-W No.                         Subject firm                        Location                  Impact date             Reason(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
93,786...............................  Owens Corning Technical        Brunswick, ME.......................        5/1/2017  Worker Group Clarification.
                                        Fabrics, LLC.
91,915...............................  DST Brokerage Solutions......  Baltimore, MD.......................       6/13/2015  Ownership Change of a
                                                                                                                             Successor Firm.
91,915A..............................  DST Systems, Inc.............  Kansas City, MO.....................      12/13/2015  Ownership Change of a
                                                                                                                             Successor Firm.
92,182...............................  Gerdau Ameristeel US, Inc....  Calvert City, KY....................        9/6/2015  Worker Group Clarification.
93,871...............................  Thermo Fisher Scientific.....  Austin, TX..........................       5/31/2017  Wages Reported Under
                                                                                                                             Different FEIN Number.
92,846...............................  Ericsson, Inc................  Plano, TX...........................       4/26/2016  Worker Group Clarification.
92,846A..............................  Ericsson, Inc................  Richardson, TX......................       4/26/2016  Worker Group Clarification.
92,846B..............................  Ericsson, Inc................  Irving, TX..........................       4/26/2016  Worker Group Clarification.
93,517...............................  Triumph Aerostructures.......  Grand Prairie, TX...................        2/2/2017  Worker Group Clarification.
93,619...............................  AES Ohio Generation (DP&L)...  Aberdeen, OH........................        3/6/2017  Worker Group Clarification.
93,924...............................  Bombardier Transportation      Pittsburgh, PA......................       8/21/2017  Other.
                                        (Holdings) USA, Inc.

[[Page 62379]]

 
93,924A..............................  Pro-Tech, Belcan, Cyient,      Pittsburgh, PA......................       6/26/2017  Other.
                                        IKOS.
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Revised Determinations (After Affirmative Determination Regarding 
Application for Reconsideration)

    The following revised determinations on reconsideration, 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.
    The following revised determinations on reconsideration, 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
----------------------------------------------------------------------------------------------------------------
92,945..........................  Progress Rail        Hodgkins, IL....................                6/12/2016
                                   Locomotive, Inc.
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    Signed at Washington, DC, this 21st day of October 2018.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2018-26189 Filed 11-30-18; 8:45 am]
 BILLING CODE 4510-FN-P