Certified
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TAW-73992  /  BP Solar International, Inc. (Frederick, MD)

Petitioner Type: State
Impact Date: 04/23/2009
Filed Date: 04/26/2010
Most Recent Update: 08/06/2010
Determination Date: 08/06/2010
Expiration Date: 08/06/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,992

BP SOLAR INTERNATIONAL, INC.
A SUBSIDIARY OF BP AMERICA INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK AND MANPOWER
FREDERICK, MARYLAND

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.




III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers' separation or
threat of separation. See Section 222(a)(2)(B)(ii) of the Act,
19 U.S.C. § 2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on April 26, 2010, by a state workforce official on
behalf of workers of BP Solar International Inc., a subsidiary
of BP America International, Inc., Frederick, Maryland. The
workers manufacture silicon wafers, solar cells, and
photovoltaic modules. The worker group includes on-site
leased workers from Aerotek and Manpower.
The investigation revealed that workers of BP Solar
International Inc., who are engaged in employment related to
production of silicon wafers, solar cells, and photovoltaic
modules, meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated or threatened with separation.
Criterion II has been met because BP Solar International
Inc. has acquired articles from a foreign country like or
directly competitive the silicon wafers, solar cells, and
photovoltaic modules produced by the workers.
Criterion III has been met because the acquisition of
articles has contributed importantly to worker group
separations at the Frederick, Maryland facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BP Solar
International Inc., Frederick, Maryland, who are engaged in
employment related to production of silicon wafers, solar cells,
and photovoltaic modules, meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:
"All workers of BP Solar International, a subsidiary of BP
America International, Inc., including on-site leased
workers from Aerotek and Manpower Frederick, Maryland, who
became totally or partially separated from employment on or
after April 23, 2009, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 6th day of August, 2010

/s/Michael W Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance