[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Notices]
[Pages 34247-34249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11937]
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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
[[Page 34248]]
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 1, 2020 through April 30, 2020. 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 June 15,
2020 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).
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TA-W No. Subject firm Location
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94,882.......................... AT&T Business--Global Operations Bellaire, TX.
& Services.
94,889.......................... Xerox Corporation............... Wilsonville, OR.
94,906.......................... General Motors Milford Proving Milford, MI.
Ground.
95,149.......................... AIG PC Global Services, Inc..... New York, NY.
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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).
Notice of Determinations on Reconsideration
Post-initial determinations have been issued with respect to cases
where affirmative determinations regarding applications for
reconsideration were granted. For cases where the worker group
eligibility requirements are met, Revised Certifications of Eligibility
or Revised Determinations have been issued. Revised Certifications of
Eligibility and Revised Determinations 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). See 29 CFR 90.18(h). Negative
Determinations on Reconsideration have been issued with respect to
cases where the worker group eligibility requirements are not met.
Negative Determinations on Reconsideration 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). See 29 CFR 90.18(i).
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
[[Page 34249]]
(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.
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TA-W No. Subject firm Location Impact date Reason(s)
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93,865..................... Dun & Bradstreet, Inc Austin, TX........... 6/1/2017 Worker Group
Clarification.
93,865A.................... Dun & Bradstreet, Inc Waltham, MA.......... 6/1/2017 Worker Group
Clarification.
95,074..................... Pace Industries, Inc. Arden Hills, MN...... 8/13/2018 Worker Group
Clarification.
95,290..................... Aprima Medical Richardson, TX....... 10/17/2018 Worker Group
Software, Inc. Clarification.
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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 requirements of Trade Act
Section 222(a)(1) and (b)(1) (significant worker total/partial
separation or threat of total/partial separation), or (e) (firms
identified by the International Trade Commission) have not been met.
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TA-W No. Subject firm Location
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95,162............ Norfolk Southern Railway Altoona, PA.
Company.
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I hereby certify that the aforementioned determinations were issued
during the period of April 1, 2020 through April 30, 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 7th day of May 2020.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2020-11937 Filed 6-2-20; 8:45 am]
BILLING CODE 4510-FN-P