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)
Employment and Training Administration
Federal Register Volume 83, Issue 232 (December 3, 2018)
| Page Range | 62377-62379 | |
| FR Document | 2018-26189 |
[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] ----------------------------------------------------------------------- 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). ------------------------------------------------------------------------ TA-W No. Subject firm Location ------------------------------------------------------------------------ 93,702............ Koppers Inc.......... Follansbee, WV. ------------------------------------------------------------------------ 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. -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. ---------------------------------------------------------------------------------------------------------------- TA-W No. Subject firm Location Impact date ---------------------------------------------------------------------------------------------------------------- 92,945.......................... Progress Rail Hodgkins, IL.................... 6/12/2016 Locomotive, Inc. ---------------------------------------------------------------------------------------------------------------- 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
![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62377
APPENDIX—Continued
[116 TAA petitions instituted between 9/17/18 and 10/19/18]
Subject firm Date of Date of
TA–W Location
(petitioners) institution petition
94237 .......................... Trelleborg (State/One-Stop) ........................................... Houston, TX ....................... 10/16/18 10/15/18
94238 .......................... Wilbrecht LEDCO, Inc. (State/One-Stop) ....................... Huron, SD .......................... 10/16/18 10/15/18
94239 .......................... Carlson Wagonlit Travel (State/One-Stop) .................... Minnetonka, MN ................. 10/17/18 10/16/18
94240 .......................... D & H Corporation (State/One-Stop) ............................. San Francisco, CA ............. 10/17/18 10/16/18
94241 .......................... Daikin Applied (State/One-Stop) .................................... Verona, VA ........................ 10/17/18 10/16/18
94242 .......................... IBM Corporation (State/One-Stop) ................................. Southbury, CT .................... 10/17/18 10/16/18
94243 .......................... Indivior Pharmaceuticals (State/One-Stop) .................... Richmond, VA .................... 10/17/18 10/16/18
94244 .......................... Pitney Bowes Inc. (State/One-Stop) .............................. Neenah, WI ........................ 10/17/18 10/16/18
94245 .......................... Wargaming (State/One-Stop) ......................................... Redmond, WA ................... 10/17/18 10/15/18
94246 .......................... Centric Parts (State/One-Stop) ...................................... Carson, CA ........................ 10/18/18 10/17/18
94247 .......................... TaskEasy (Company) ..................................................... Salt Lake City, UT ............. 10/19/18 10/18/18
94248 .......................... Loud Audio LLC (State/One-Stop) ................................. Woodinville, WA ................. 10/19/18 10/16/18
[FR Doc. 2018–26191 Filed 11–30–18; 8:45 am] Affirmative Determination Regarding erroneous; (2) If it appears that the
BILLING CODE 4510–FN–P Application for Reconsideration), determination complained of was based
summaries of Revised Determinations on a mistake in the determination of
(on remand from the Court of facts previously considered; or (3) If, in
DEPARTMENT OF LABOR International Trade), and summaries of the opinion of the certifying officer, a
Negative Determinations (on remand misinterpretation of facts or of the law
Employment and Training from the Court of International Trade) justifies reconsideration of the
Administration regarding eligibility to apply for trade determination. See 29 CFR 90.18(c).
Post-Initial Determinations Regarding adjustment assistance under Chapter 2
Affirmative Determinations Regarding
Eligiblity To Apply for Trade of the Act (‘‘TAA’’) for workers by (TA–
Applications for Reconsideration
Adjustment Assistance W) number issued during the period of
September 17th, 2018 through October The following Applications for
In accordance with Sections 223 and 19th, 2018. Post-initial determinations Reconsideration have been received and
284 (19 U.S.C. 2273 and 2395) of the are issued after a petition has been granted. See 29 CFR 90.18(d). The group
Trade Act of 1974 (19 U.S.C. 2271, et certified or denied. A post-initial of workers or other persons showing an
seq.) (‘‘Act’’), as amended, the determination may revise a certification, interest in the proceedings may provide
Department of Labor herein presents or modify or affirm a negative written submissions to show why the
Notice of Affirmative Determinations determination. determination under reconsideration
Regarding Application for should or should not be modified. The
Reconsideration, summaries of Negative Affirmative/Negative Determinations submissions must be sent no later than
Determinations Regarding Applications Regarding Applications for ten days after publication in Federal
for Reconsideration, summaries of Reconsideration Register to the Office of the Director,
Revised Certifications of Eligibility, The certifying officer may grant an Office of Trade Adjustment Assistance,
summaries of Revised Determinations application for reconsideration under Employment and Training
(after Affirmative Determination the following circumstances: (1) If it Administration, U.S. Department of
Regarding Application for appears on the basis of facts not Labor, Room N–5428, 200 Constitution
Reconsideration), summaries of previously considered that the Avenue NW, Washington, DC 20210.
Negative Determinations (after determination complained of was See 29 CFR 90.18(f).
TA–W No. Subject firm Location
93,702 .......... Koppers Inc. ................................................................................................................................................ Follansbee, WV.
Summary of Statutory Requirement the group eligibility requirements under the Increased Imports Path, or (B) the
Section 222(a) of the Act (19 U.S.C. Shift in Production or Services to a
(This Notice primarily follows the
2272(a)) must be met, as follows: Foreign Country Path/Acquisition of
language of the Trade Act. In some
(1) The first criterion (set forth in Articles or Services from a Foreign
places however, changes such as the
Section 222(a)(1) of the Act, 19 U.S.C. Country Path, as follows:
inclusion of subheadings, a
2272(a)(1)) is that a significant number (A) Increased Imports Path:
reorganization of language, or ‘‘and,’’
or proportion of the workers in such (i) the sales or production, or both, of
‘‘or,’’ or other words are added for
workers’ firm (or ‘‘such firm’’) have such firm, have decreased absolutely;
clarification.)
khammond on DSK30JT082PROD with NOTICES
become totally or partially separated, or AND (ii and iii below)
Section 222(a)—Workers of a Primary are threatened to become totally or (ii) (I) imports of articles or services
Firm partially separated; like or directly competitive with articles
In order for an affirmative AND (2(A) or 2(B) below) produced or services supplied by such
determination to be made for workers of (2) The second criterion (set forth in firm have increased; OR
a primary firm and a certification issued Section 222(a)(2) of the Act, 19 U.S.C. (II)(aa) imports of articles like or
regarding eligibility to apply for TAA, 2272(a)(2)) may be satisfied by either (A) directly competitive with articles into
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![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62379
TA–W No. Subject firm Location Impact date Reason(s)
93,924A ... Pro-Tech, Belcan, Cyient, IKOS ................. Pittsburgh, PA ............. 6/26/2017 Other.
Revised Determinations (After date following the company name and requirements of Section 222(a)(2)(B)
Affirmative Determination Regarding location of each determination (Shift in Production or Services to a
Application for Reconsideration) references the impact date for all Foreign Country Path or Acquisition of
workers of such determination. Articles or Services from a Foreign
The following revised determinations The following revised determinations Country Path) of the Trade Act have
on reconsideration, certifying eligibility on reconsideration, certifying eligibility been met.
to apply for TAA, have been issued. The to apply for TAA, have been issued. The
TA–W No. Subject firm Location Impact date
92,945 ............................................................ Progress Rail Locomotive, Inc ...................... Hodgkins, IL ................ 6/12/2016
Signed at Washington, DC, this 21st day of are threatened to become totally or (B) Shift in Production or Services to a
October 2018. partially separated; Foreign Country Path OR Acquisition of
Hope D. Kinglock, Articles or Services From a Foreign
Certifying Officer, Office of Trade Adjustment
AND (2(A) or 2(B) below) Country Path
Assistance. (2) The second criterion (set forth in (i) (I) there has been a shift by such
[FR Doc. 2018–26189 Filed 11–30–18; 8:45 am] Section 222(a)(2) of the Act, 19 U.S.C. workers’ firm to a foreign country in the
BILLING CODE 4510–FN–P 2272(a)(2)) may be satisfied by either (A) production of articles or the supply of
the Increased Imports Path, or (B) the services like or directly competitive
Shift in Production or Services to a with articles which are produced or
DEPARTMENT OF LABOR Foreign Country Path/Acquisition of services which are supplied by such
Articles or Services from a Foreign firm; OR
Employment and Training (II) such workers’ firm has acquired
Administration Country Path, as follows:
from a foreign country articles or
(A) Increased Imports Path services that are like or directly
Notice of Determinations Regarding
Eligibility To Apply for Trade competitive with articles which are
(i) the sales or production, or both, of
Adjustment Assistance produced or services which are
such firm, have decreased absolutely; supplied by such firm;
In accordance with the Section 223 AND (ii and iii below) AND
(19 U.S.C. 2273) of the Trade Act of (ii) the shift described in clause (i)(I)
1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as (ii) (I) imports of articles or services
like or directly competitive with articles or the acquisition of articles or services
amended, the Department of Labor described in clause (i)(II) contributed
herein presents summaries of produced or services supplied by such
importantly to such workers’ separation
determinations regarding eligibility to firm have increased; OR or threat of separation.
apply for trade adjustment assistance (II)(aa) imports of articles like or
under Chapter 2 of the Act (‘‘TAA’’) for directly competitive with articles into Section 222(b)—Adversely Affected
workers by (TA–W) number issued Secondary Workers
which one or more component parts
during the period of September 17, 2018 produced by such firm are directly In order for an affirmative
through October 19, 2018. (This Notice incorporated, have increased; OR determination to be made for adversely
primarily follows the language of the affected secondary workers of a firm and
(II)(bb) imports of articles like or a certification issued regarding
Trade Act. In some places however,
directly competitive with articles which eligibility to apply for TAA, the group
changes such as the inclusion of
subheadings, a reorganization of are produced directly using the services eligibility requirements of Section
language, or ‘‘and,’’ ‘‘or,’’ or other words supplied by such firm, have increased; 222(b) of the Act (19 U.S.C. 2272(b))
are added for clarification.) OR must be met, as follows:
(III) imports of articles directly (1) a significant number or proportion
Section 222(a)—Workers of a Primary of the workers in the workers’ firm or
incorporating one or more component
Firm an appropriate subdivision of the firm
parts produced outside the United
In order for an affirmative States that are like or directly have become totally or partially
determination to be made for workers of competitive with imports of articles separated, or are threatened to become
a primary firm and a certification issued incorporating one or more component totally or partially separated;
regarding eligibility to apply for TAA, parts produced by such firm have AND
the group eligibility requirements under increased; (2) the workers’ firm is a supplier or
Section 222(a) of the Act (19 U.S.C. downstream producer to a firm that
khammond on DSK30JT082PROD with NOTICES
2272(a)) must be met, as follows: AND employed a group of workers who
(1) The first criterion (set forth in (iii) the increase in imports described received a certification of eligibility
Section 222(a)(1) of the Act, 19 U.S.C. in clause (ii) contributed importantly to under Section 222(a) of the Act (19
2272(a)(1)) is that a significant number such workers’ separation or threat of U.S.C. 2272(a)), and such supply or
or proportion of the workers in such production is related to the article or
separation and to the decline in the
workers’ firm (or ‘‘such firm’’) have service that was the basis for such
sales or production of such firm; OR
become totally or partially separated, or certification (as defined in subsection
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Document Created: 2018-12-01 00:56:17
Document Modified: 2018-12-01 00:56:17
| 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 62377 |
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