Certified
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TAW-75230  /  Evergreen Solar, Inc. (Devens, MA)

Petitioner Type: State
Impact Date: 02/10/2010
Filed Date: 02/11/2011
Most Recent Update: 03/17/2011
Determination Date: 03/17/2011
Expiration Date: 03/17/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,230

EVERGREEN SOLAR, INC.
DEVENS MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS FROM
ADVANTAGE TECHNICAL RESOURCING AND KELLY SERVICES
DEVENS, MASSACHUSETTS

TA-W-75,230A

EVERGREEN SOLAR, INC.
RESEARCH AND DEVELOPMENT CENTER
INCLUDING ON-SITE LEASED WORKERS FROM
ADVANTAGE TECHNICAL RESOURCING AND KELLY SERVICES
MARLBORO, MASSACHUSETTS

TA-W-75,230B

EVERGREEN SOLAR, INC.
CORPORATE HEADQUARTERS
INCLUDING ON-SITE LEASED WORKERS FROM
ADVANTAGE TECHNICAL RESOURCING AND KELLY SERVICES
MARLBORO, MASSACHUSETTS

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 February 11, 2011 by a state workforce office on
behalf of Evergreen Solar, Inc., Devens Manufacturing, Devens,
Massachusetts (TA-W-75,230), Evergreen Solar, Inc., Research
and Development Center, Marlboro, Massachusetts (TA-W-
75,230A), Evergreen Solar, Inc., Corporate Headquarters,
Marlboro, Massachusetts (TA-W-75,230B); herein known as
Evergreen Solar, Inc. The workers are engaged in activities
related to the production of solar panels.
The worker group includes on-site leased workers from
Advantage Technical Resourcing and Kelly Services.
The investigation revealed that workers of Evergreen Solar,
Inc. who are engaged in activities related to the production of
solar panels meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers within the workers' firm have been
separated or threatened with worker separation.
Criterion II has been met because the workers' firm has
acquired from a foreign country articles like or directly
competitive with articles produced by the workers.
Criterion III has been met because the acquisition of
solar panels from China by Evergreen Solar, Inc. contributed
importantly to worker group separations at Evergreen Solar,
Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Evergreen Solar,
Inc., Devens Manufacturing, including on-site leased workers
from Advantage Technical Resourcing and Kelly Services, Devens,
Massachusetts (TA-W-75,230), Evergreen Solar, Inc., Research
and Development Center, including on-site leased workers from
Advantage Technical Resourcing and Kelly Services, Marlboro,
Massachusetts (TA-W-75,230A), Evergreen Solar, Inc., Corporate
Headquarters, including on-site leased workers from Advantage
Technical Resourcing and Kelly Services, Marlboro, Massachusetts
(TA-W-75,230B), who are engaged in activities related to the
production of solar panels 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 Evergreen Solar, Inc., Devens
Manufacturing, including on-site leased workers from
Advantage Technical Resourcing and Kelly Services, Devens,
Massachusetts (TA-W-75,230), Evergreen Solar, Inc.,
Research and Development Center, including on-site leased
workers from Advantage Technical Resourcing and Kelly
Services, Marlboro, Massachusetts (TA-W-75,230A),
Evergreen Solar, Inc., Corporate Headquarters, including
on-site leased workers from Advantage Technical Resourcing
and Kelly Services, Marlboro, Massachusetts (TA-W-
75,230B), who became totally or partially separated from
employment on or after February 10, 2010, 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 17th day of March, 2011


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