[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64884-64886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27297]
-----------------------------------------------------------------------
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 October 20, 2018 through November 9, 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.
Notice of Determination on Remand
Post-initial determinations have also been issued with respect to
cases where negative determinations regarding eligibility to apply for
TAA were issued initially or on reconsideration and were appealed to
the Court of International Trade and remanded by the court to the
Secretary for the taking of additional evidence. See 29 CFR 90.19(a)
and (c). For cases where the worker group eligibility requirements are
met, the previous determination was modified and Revised Determinations
on Remand have been issued. For cases where the worker group
eligibility requirements are not met, the previous determination is
affirmed and Negative Determinations on Remand have been issued. The
Secretary will certify and file the record of the remand proceedings in
the Court of International Trade. Determinations on Remand are final
determinations for purposes of judicial review pursuant to section 284
of the Act (19 U.S.C. 2395).
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:
[[Page 64885]]
(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.
----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date Reason(s)
----------------------------------------------------------------------------------------------------------------
92,465........... GE Inspection Technologies Lewistown, PA........ 12/5/2015 Worker Group
Clarification.
92,882........... Triumph Aerostructures.... Red Oak, TX.......... 3/13/2017 Worker Group
Clarification.
93,622........... Suntrust Mortgage......... Richmond, VA......... 3/7/2017 Worker Group
Clarification.
----------------------------------------------------------------------------------------------------------------
[[Page 64886]]
Signed at Washington, DC this 23rd day of November 2018.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2018-27297 Filed 12-17-18; 8:45 am]
BILLING CODE 4510-FN-P