2020-04193. Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance

In accordance with the Section 223 (19 U.S.C. 2273) of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) (“Act”), as amended, the Department of Labor herein presents summaries of determinations 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 January 1, 2020 through January 31, 2020. (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).

Affirmative Determinations for Trade Adjustment Assistance

The following certifications 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 certifications have been issued. The requirements of Section 222(a)(2)(A) (Increased Imports Path) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
95,276	Siltronic Corporation, Siltronic AG, Express Professionals, Xenium	Portland, OR	October 10, 2018.
95,283	Bayou Steel BD Holdings, LLC, Express Employment, Cherokee Millwright and Mechanical, etc.	Harriman, TN	October 15, 2018.

The following certifications 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
94,440	Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home Lending Organization, etc	West Des Moines, IA	January 2, 2018.
94,440A	Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home Lending Organization, etc	West Des Moines, IA	January 2, 2018.
94,440B	Wells Fargo Bank NA, Wells Fargo Consumer Banking, Wells Fargo Home Lending Organization, etc	West Des Moines, IA	January 2, 2018.
94,440C	Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology Organization, etc	West Des Moines, IA	January 2, 2018.
94,440D	Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology Organization, etc	West Des Moines, IA	January 2, 2018.
94,440E	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc	West Des Moines, IA	January 2, 2018.
94,440F	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc	Gainesville, FL	January 2, 2018.
94,440G	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc	Phoenix, AZ	January 2, 2018.
94,440H	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc	Charlotte, NC	January 2, 2018.
94,440I	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc	Minneapolis, MN	January 2, 2018.
94,440J	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc	Portland, OR	January 2, 2018.
94,440K	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Accounting-Controller, etc	Charlotte, NC	January 2, 2018.
94,440L	Wells Fargo Bank NA, Corporate Finance, Controller Organization, Supply Chain Management, etc	West Des Moines, IA	January 2, 2018.
94,440M	Wells Fargo Bank NA, Corporate Finance, Enterprise Information Technology Organization, etc	West Des Moines, IA	January 2, 2018.
95,332	Barber Steel Foundry Corporation, Wabtec Corporation, Workbox Staffing LLC, Fast Track Staffing Inc	Rothbury, MI	October 28, 2018.
95,358	Unilever United States, Manpower	Englewood Cliffs, NJ	November 6, 2018.
95,358A	Unilever United States, Manpower	Shelton, CT	March 2, 2020.
95,358B	Unilever United States, Supply Chain Data Management, Manpower	Suffolk, VA	November 6, 2018.
95,381	Charles Komar & Sons, Inc	Jersey City, NJ	November 15, 2018.
95,384	Baptist Healthcare Systems, Inc., Medical Coding Group	New Albany, IN	November 18, 2018.
95,385	Cenveo Worldwide Limited, Discount Labels, IT Support Division	New Albany, IN	November 18, 2018.
95,397	Carestream Health, Inc., Information Technology, Datrose, Aerotek, Miller & Associates, etc	Rochester, NY	November 20, 2018.
95,408	Regal Beloit America, Inc., Regal Beloit Corporation, Luttrell Staffing Group	Erwin, TN	November 21, 2018.
95,411	Amphenol TCS, Amphenol, Additional Contract Services, Microtech Staffing, Triton Staffing	Nashua, NH	November 22, 2018.
95,416	Line Pipe Systems LLC, LPS Inc., Research and Development Division	Rancho Cucamonga, CA	November 22, 2018.
95,421	Dun & Bradstreet, Inc. (D & B), Customer Service Department, Dun & Bradstreet Corporation	Tucson, AZ	November 25, 2018.
95,422	Schneider Electric Systems USA Inc., Schneider Electric SE, Volt Funding Corporation, Artech Information Systems	Ashburn, VA	November 25, 2018.
95,469	UnitedHealthcare Services, Inc., UnitedHealth Group, OptumRx, BriovaRx Specialty Pharmacy, etc	Jeffersonville, IN	December 6, 2018.
95,480	Panasonic Customer Call Center, Panasonic Corporation of North America, Aerotek	Chesapeake, VA	December 13, 2018.
95,494	Overland Products Company, Inc., Premier Staffing, Inc	Fremont, NE	December 18, 2018.
95,501	Vivint Solar Developer, LLC, Vivint Solar, Inc	Lehi, UT	December 19, 2018.

Negative Determinations for Worker Adjustment Assistance

In the following cases, the investigation revealed that the eligibility criteria for TAA have not been met for the reasons specified.

The investigation revealed that the criteria under paragraphs (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) of section 222 have not been met.

TA-W No.	Subject firm	Location	Impact date
95,107	The Waterbury Screw Machine Products Company	Waterbury, CT
95,122	Conduent State & Local Solutions Inc., Conduent Business Services, LLC	London, KY
95,200	Kopin Targeting Corporation, Kopin Corporation, Protingent Staffing	Scotts Valley, CA
95,223	Pattison Sand Company, LLC	Clayton, IA
95,286	Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc	North Little Rock, AR
95,327	Nestle Dreyer' Ice Cream Company, Direct Store Delivery, Nestle USA, Inc	Portland, OR
95,327A	Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc	Eugene, OR
95,343	Smithfield Fresh Meats Corporation, Warehouse Facility, Smithfield Foods, WH Group, Aerotek, Headway Staffing	Newport News, VA
95,425	Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc	Bordentown, NJ
95,426	Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc	Keasbey, NJ
95,435	Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc	Tinley Park, IL
95,436	Nestle Dreyer's Ice Cream Company, Direct Store Delivery, Nestle USA, Inc	Glendale Heights, IL
95,503	The Dress Barn, Inc., Ascena Retail Group, Inc	Sioux Falls, SD
95,503A	The Dress Barn, Inc., Ascena Retail Group, Inc	Rapid City, SD

Determinations Terminating Investigations of Petitions for Trade Adjustment Assistance

After notice of the petitions was published in the Federal Register and on the Department's website, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions.

The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn.

TA-W No.	Subject firm	Location	Impact date
95,413	Digital Intelligence Systems, LLC (DISYS)	Glenn Allen, VA
95,413A	Digital Intelligence Systems, LLC (DISYS)	St. Louis, MO
95,485	Comcast Cable Communications Xfinity, Security Fusion Center	Englewood, CO

The following determinations terminating investigations were issued in cases where the petition regarding the investigation has been deemed invalid.

TA-W No.	Subject firm	Location	Impact date
95,372	Ferrara Candy Company	Creston, IA

The following determinations terminating investigations were issued because the worker group on whose behalf the petition was filed is covered under an existing certification.

TA-W No.	Subject firm	Location	Impact date
95,295	Ignite Holdings, LLC	Winchester, VA
95,502	Vivint Solar Developer, LLC, Vivint Solar, Inc	Lehi, UT

I hereby certify that the aforementioned determinations were issued during the period of January 1, 2020 through January 31, 2020. 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 February 2020.

Hope D. Kinglock,

Certifying Officer, Office of Trade Adjustment Assistance.