Post-Initial Determinations Regarding Eligiblity To Apply for Trade Adjustment Assistance, 31923-31926 [2019-14188]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31923-31926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14188]


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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 April 1st 2019 through May 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).

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            TA-W No.                       Subject firm                      Location               Impact date
----------------------------------------------------------------------------------------------------------------
94,491.........................  Prince Manufacturing             Sioux City, IA................      1/25/2018.
                                  Corporation.
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[[Page 31924]]

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 
Administrator, 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
------------------------------------------------------------------------
94,444..............  Nestle USA Inc..........  Fort Worth, TX.
94,354..............  iMedX, Inc..............  Atlanta, GA.
------------------------------------------------------------------------

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

[[Page 31925]]

    (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)
----------------------------------------------------------------------------------------------------------------
93,552.....................  Penske Logistics.....  El Paso, TX..........       1/22/2017  Worker Group
                                                                                            Clarification.
94,509.....................  Bureau of National     Arlington, VA........        2/4/2018  Worker Group
                              Affairs, Inc.                                                 Clarification.
94,086.....................  Micron Technology,     Boise, ID............      12/14/2018  Worker Group
                              Inc.                                                          Clarification.
94,086A....................  Besi North America,    Boise, ID............       8/22/2017  Worker Group
                              Inc.                                                          Clarification.
94,248.....................  Loud Audio, LLC......  Woodinville, WA......      10/16/2017  Worker Group
                                                                                            Clarification.
94,248A....................  Loud Audio, LLC......  Auburn, WA...........      10/16/2017  Worker Group
                                                                                            Clarification.
93,708.....................  MOL (America) Inc....  Woodbridge, NJ.......        4/6/2017  Worker Group
                                                                                            Clarification.
93,708A....................  MOL (America) Inc....  Atlanta, GA..........        4/6/2017  Worker Group
                                                                                            Clarification.
93,708B....................  MOL (America) Inc....  Lombard, IL..........        4/6/2017  Worker Group
                                                                                            Clarification.
93,708C....................  MOL (America) Inc....  Concord, CA..........        4/6/2017  Worker Group
                                                                                            Clarification.
93,708D....................  MOL (America) Inc....  Gardena, CA..........        4/6/2017  Worker Group
                                                                                            Clarification.
93,868.....................  Smith & Nephew.......  Austin, TX...........        6/5/2017  Worker Group
                                                                                            Clarification.
93,868A....................  Smith & Nephew.......  Mansfield, MA........        6/5/2017  Worker Group
                                                                                            Clarification.
93,868B....................  Smith & Nephew.......  Andover, MA..........        6/5/2017  Worker Group
                                                                                            Clarification.
93,868C....................  Smith & Nephew.......  Austin, TX...........        6/5/2017  Worker Group
                                                                                            Clarification.
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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.

----------------------------------------------------------------------------------------------------------------
            TA-W No.                       Subject firm                      Location               Impact date
----------------------------------------------------------------------------------------------------------------
93,064.........................  Locke Insulators, Inc..........  Baltimore, MD.................        8/4/2016
94,132.........................  REC Solar Grade Silicon LLC....  Moses Lake, WA................      10/19/2018
94,444.........................  Nestle USA Inc.................  Fort Worth, TX................        1/4/2018
----------------------------------------------------------------------------------------------------------------

    The following revised determinations on reconsideration, certifying 
eligibility to apply for TAA, have been issued. The requirements of 
Section 222(e) (firms identified by the International Trade Commission) 
of the Trade Act have been met.

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            TA-W No.                       Subject firm                      Location               Impact date
----------------------------------------------------------------------------------------------------------------
93,521.........................  PCI Nitrogen, LLC..............  Pasadena, TX..................        3/7/2016
----------------------------------------------------------------------------------------------------------------

Negative Determinations on Reconsideration (After Affirmative 
Determination Regarding Application for Reconsideration)

    In the following cases, negative determinations on reconsideration 
have been issued because the eligibility criteria for TAA have not been 
met for the reason(s) specified.
    The investigation revealed that the criteria under Trade Act 
section 222(a)(2)(A) (increased imports), (a)(2)(B) (shift in 
production or services to a foreign country or acquisition of articles 
or services from a foreign country), (b)(2) (supplier to a firm whose 
workers are certified eligible to apply for TAA or downstream producer 
to a firm whose workers are certified eligible to apply for TAA), and 
(e) (International Trade Commission) have not been met.

[[Page 31926]]



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            TA-W No.                       Subject firm                      Location               Impact date
----------------------------------------------------------------------------------------------------------------
91,248.........................  Exal Corporation...............  Youngstown, OH................  ..............
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of April 1st 2019 through May 31st 2019. These 
determinations are available on the Department's website https://www.doleta.gov/tradeact/petitioners/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 11th day of June 2019.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2019-14188 Filed 7-2-19; 8:45 am]
 BILLING CODE 4510-FN-P