DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,131

JLG INDUSTRIES, INC.
ACCESS DIVISION
A SUBSIDIARY OF OSHKOSH CORPORATION
HAGERSTOWN, MARYLAND

Notice of Termination of
Reconsideration Investigation

On April 14, 2011, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application for
Reconsideration for workers and former workers of JLG
Industries, Inc., Access Division, a subsidiary of Oshkosh
Corporation, Hagerstown, Maryland. The Department’s Notice of
affirmative determination was published in the Federal Register
on April 25, 2011 (76 FR 22922).
On July 11, 2011, the Department issued an amended
certification applicable to workers and former workers of JLG
Industries, Inc., a subsidiary of Oshkosh Corporation, Access
Segment, McConnellsburg, Pennsylvania (TA-W-75,067) and Access
Division, Hagerstown, Maryland (TA-W-75,067A). The Department’s
Notice of amended certification will soon be published in the
Federal Register.
Because the petitioning group of workers is covered by a
certification (TA-W-75,076A) which expires on March 9, 2013,
further investigation in this case would serve no purpose, and the
reconsideration investigation has been terminated.
Conclusion
After careful review of the administrative record and the
findings of the reconsideration investigation, I am terminating the
investigation of the petition for worker adjustment assistance
filed on behalf of workers and former workers of JLG Industries,
Inc., Access Division, a subsidiary of Oshkosh Corporation,
Hagerstown, Maryland.
Signed in Washington, D.C., on this 11th day of July, 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-75,131

JLG INDUSTRIES, INC.
ACCESS DIVISION
A SUBSIDIARY OF OSHKOSH CORPORATION
HAGERSTOWN, MARYLAND

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 January 25, 2011 by a State Workforce Office on behalf of
workers of JLG Industries, Inc., Access Division, a subsidiary of
Oshkosh Corporation, Hagerstown, Maryland. The workers are
engaged in activities related to the supply of design engineering,
global procurement supply chain, and safety and reliability for the
production of access equipment.
The petitioner alleges that support services at the subject
firm have been trade impacted because the production facility was
certified for Trade Adjustment Assistance. The investigation
included contacting the petitioner and requesting information from
the worker’s firm.
With respect to Section 222(a) and Section 222(c) of the
Act, the investigation revealed that Criterion I has not been
met. The subject firm worker group did not separate or threaten
to separate a significant number or proportion of workers as
required by Section 222 of the Trade Act of 1974. Significant
number or proportion of the workers in a firm or appropriate
subdivision means at least three workers in a workforce of fewer
than 50 workers, five percent of the workers in a workforce of
over 50 workers, or at least 50 workers. The subject firms did
not meet this threshold level.
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’ firms have not been identified in an
affirmative finding of injury by the U.S. International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JLG Industries, Inc.,
Access Division, a subsidiary of Oshkosh Corporation, Hagerstown,
Maryland who are engaged in activities related to the supply of
design engineering, global procurement supply chain, and safety and
reliability for the production of access equipment 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 9th day of March, 2011


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






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