2019-09985. 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 March 1, 2019 through March 31, 2019. (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
94,427	General Motors Lordstown Complex, General Motors Company, Development Dimensions International	Warren, OH	March 8, 2019.

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
94,281	Caterpillar Inc., Mining Hauling and Underground Division, Aerotek, DVA Consulting	Montgomery, IL	October 26, 2017.
94,453	GY Agemni, LLC, DNN Corp, ESW Capital, AdvanStaff, Inc	Salt Lake City, UT	January 11, 2018.
94,471	Lexmark International, Inc., Finance, Managed Print Services (MPS) Business Operations, etc	Lexington, KY	January 21, 2018.
94,473	Sugarfina, Inc., Express Employment Professionals, Aerotek, First Rate Staffing	El Segundo, CA	January 18, 2018.
94,476	AXA Equitable Life Insurance Company, AXA Financial, Inc., Group Retirement Operations Department, Kelly Services	Syracuse, NY	January 22, 2018.
94,479	Renwood Acquisitions, LLC, Heckethorn Manufacturing, Metro Industrial Services, Personnel Placements	Dyersburg, TN	January 22, 2018.
94,482	Xerox Corporation, North American Finance, Global Procurement Departments	Webster, NY	January 23, 2018.
94,483	Xerox Corporation, Information Management, Tata Consultancy Services	Webster, NY	January 23, 2018.
94,509	Bureau of National Affairs, Inc., Bloomberg BNA Holdings, Inc	Arlington, VA	February 4, 2018.
94,513	R1 RCM	Austin, TX	February 5, 2018.
94,515	Windstream Services, LLC, Little Rock Division, IT and Accounts Payable Divisions	Little Rock, AR	February 5, 2018.
94,530	Jabil Circuit, Inc., Nypro Division, Fountain Group LLC, Adecco	Rochester, NY	April 14, 2019.
94,534	Elavon, Inc., U.S. Bank, National Association, Department of Account Reconciliations	Knoxville, TN	February 11, 2018.
94,538.	ABC-I Corporation	Dexter, NY	February 13, 2018.
94,538A	ABC-I Corporation	Jacksonville, FL	February 13, 2018.
94,541	A.L.P. Lighting Components, Inc., Olive Branch, A.L.P. Lighting Components, Select Staffing, Millennium Search	Olive Branch, MS	February 12, 2018.
94,550	CA Technologies, Broadcom Inc	Santa Clara, CA	February 19, 2018.
94,552	RBIII Associates, Inc. dba Teamwork Athletic Apparel, Badger Sportswear, Inc	San Marcos, CA	February 19, 2018.
94,554	Jagger Brothers	Springvale, ME	February 20, 2018.
94,572	Bank of the West, Banc West Holding, I.T. Application Support Group, Allegis Global Solutions	City of Industry, CA	February 28, 2018.
94,574	Hanesbrands, Inc., NYC Design	New York, NY	February 27, 2018.
94,579	Beckman Coulter, Inc., Danaher, Manufacturing for Statspin, Immage and Microscan, Kelly Services	Brea, CA	March 1, 2018.
94,581	KEMET Blue Powder Corporation, KEMET Corporation, ResourceMFG/ProLogistix, Aerotek	Mound House, NV	March 3, 2018.
94,585	A360 Firm Solutions, LLC, A360Inc, Outsourcing Division	Jacksonville, FL	March 1, 2018.
94,585A	A360 Firm Solutions, LLC, A360Inc, Outsourcing Division	Mount Laurel, NJ	March 1, 2018.
94,590	Austin Foam Plastic, Inc., Lifestyle Staffing	El Paso, TX	March 5, 2018.
94,595	The Travelers Indemnity Company, Small Commercial Operations Group	Elmira, NY	March 5, 2018.
94,596	GMI Holdings Inc., Overhead Door Corp., Mancan, Randstad, Flex Team	Baltic, OH	March 6, 2018.

The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

TA-W No.	Subject firm	Location	Impact date
94,504	Populus Group, Caterpillar Corporate Account Group	Troy, MI	January 31, 2018.
94,525	REO Distribution Services, Inc., Allied Realty Company, Adams & Garth	Waynesboro, VA	February 7, 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)(i) (decline in sales or production, or both), or (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
94,276	Faneuil, Inc., ALJ Regional Holdings, Inc., Resource Management Inc	Vienna, VA
94,478	Keystone Tailored Manufacturing LLC	Brooklyn, OH

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
94,201	Culp Woven Velvet, Culp Upholstery Fabric Division, Culp Inc., Manpower	Anderson, SC
94,251	Ernest Industries, Advance Staffing	Westland, MI
94,409	Verizon Data Services, LLC, Member Technical Staff (MTS)	Temple Terrace, FL

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 worker group on whose behalf the petition was filed is covered under an existing certification.

TA-W No.	Subject firm	Location	Impact date
94,600	General Electric Company, GE Transportation Parts, Transportation Division, etc	Erie, PA

The following determinations terminating investigations were issued because the Department issued a negative determination applicable to the petitioning group of workers. No new information or change in circumstances is evident which would result in a reversal of the Department's previous determination.

TA-W No.	Subject firm	Location	Impact date
93,972	Toys R Us—Delaware, Inc., Toys R Us, Inc	Newport News, VA
93,972A	Toys R Us—Delaware, Inc., Toys R Us, Inc	Fredericksburg, VA
93,972B	Toys R Us—Delaware, Inc., Toys R Us, Inc	Chesapeake, VA
93,972C	Toys R Us—Delaware, Inc., Toys R Us, Inc., 400 N. Military Highway	Norfolk, VA
93,972D	Toys R Us—Delaware, Inc., Toys R Us, Inc., 1600 Premium Outlets Boulevard	Norfolk, VA
93,972E	Toys R Us—Delaware, Inc., Toys R Us, Inc	Virginia Beach, VA
93,972F	Babies R Us, Toys R Us—Delaware, Inc., Toys R Us, Inc	Newport News, VA
93,972G	Babies R Us, Toys R Us—Delaware, Inc., Toys R Us, Inc	Chesapeake, VA

I hereby certify that the aforementioned determinations were issued during the period of March 1, 2019 through March 31, 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 April 2019.

Hope D. Kinglock,

Certifying Officer, Office of Trade Adjustment Assistance.