DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,043

SPECTRAWATT, INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
HOPEWELL JUNCTION, NEW YORK

Notice of Revised Determination
on Reconsideration

On June 6, 2011, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration applicable to
workers and former workers of SpectraWatt, Inc., Hopewell Junction,
New York (subject firm). Workers at the subject firm were engaged in
employment related to the production of solar cells for their
application in solar panels. The worker group includes on-site
leased workers from Kelly Services.
During the reconsideration investigation, the Department
carefully reviewed previously-submitted material and analyzed
aggregate industry data and industry trends, including U.S. aggregate
imports of like or directly competitive articles and finished
articles containing components like or directly competitive to those
produced by the subject firm.
The analysis revealed that, during the period of investigation,
imports of articles like or directly competitive with solar cells
produced by the subject firm have increased, and that the increased
imports of solar cells (or like or directly competitive articles)
contributed importantly to the worker group separations and
sales/production declines at the subject firm.
The analysis also revealed that, over the relevant time
period, solar modules installed in the U.S. included a lower
percentage of U.S. produced solar cells and that the decline
contributed importantly to the worker group separations and
sales/production declines at the subject firm.
Conclusion
After careful review of the additional facts obtained during the
reconsideration investigation, I determine that workers of
SpectraWatt, Inc., Hopewell Junction, New York, 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 SpectraWatt, Inc., Including On-site leased
workers from Kelly Services, Hopewell Junction, New York, who
became totally or partially separated from employment on or
after December 22, 2009, through two years from the date of this
revised 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 28th day of September, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,043

SPECTRAWATT, INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
HOPEWELL JUNCTION, NEW YORK

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or (f)
of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the Act,
19 U.S.C. § 2282(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 in one of two ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly competitive
with articles into which the component part produced
by the workers’ firm was 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 the workers’ firm have increased;
OR
(III) imports of articles directly incorporating component
parts not produced in the U.S. that are like or
directly competitive with the article into which the
component part produced by the workers’ firm was
directly incorporated have increased.

(B) Shift in Production or Supply Path:
(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 increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C. §§
2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer.” For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(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;

(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; 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.

Workers of a firm may also be considered eligible if they are
publicly identified by name by the International Trade Commission as
a member of a domestic industry in an investigation resulting in a
category of determination that is listed in Section 222(f) of the
Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(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);
(B) an affirmative determination of market disruption or
threat thereof under section 421(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));
(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) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (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)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition filed
on December 23, 2010 by a company official on behalf of workers of
SpectraWatt, Inc., Hopewell Junction, New York. The workers were
engaged in activities related to the production of crystalline
silicon solar cells. The investigation revealed the worker group
includes on-site leased workers from Kelly Services.
The petitioner alleges the subject firm has been trade
effected based on global competition.
With respect to Section 222(a) of the Act, the investigation
revealed that Criterion II and III have not been met because the
workers’ separation or threat of separation was not related to the
increase in imports or shift/acquisition to foreign sources. The
decline in sales at the subject firm are primarily attributed to a
loss in export sales from a major customer during the relevant
period. Aggregate U.S. imports of articles like or directly
competitive with the crystalline silicon solar cells produced by
SpectraWatt, Inc., Hopewell Junction, New York have not increased
absolutely or relative to domestic shipments.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion (2) has not been met because the workers
did not produce component parts or supply a service that was
directly supplied to a firm with a currently certified Trade
Adjustment Assistance (TAA) worker group.
Finally, the group eligibility requirements under Section 222(f)
of the Act, 19 U.S.C. § 2272(f), have not been satisfied because the
workers’ firm has not been identified in an affirmative finding of
injury by the International Trade Commission.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of SpectraWatt, Inc., including on-site
leased workers from Kelly Services, Hopewell Junction, New York who
were engaged in activities related to the production of crystalline
silicon solar cells are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 27th day of April, 2011


/s/Elliott S. Kushner_________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance




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