DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,266

BAE SYSTEMS SURVIVABILITY SYSTEMS, LLC
A SUBSIDIARY OF ARMOR HOLDINGS, INC.
FAIRFIELD, OHIO

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated July 5, 2011, resulted in
a negative determination, issued on July 28, 2011, that was based
on the findings that the subject firm did not shift production to
a foreign country and that there were no increased imports of
articles like or directly competitive with those produced at the
subject firm; rather, the Department determined that worker
separations were attributable to a loss of business by the subject
firm to another firm located within the United States. The
determination was applicable to workers and former workers of BAE
Systems Survivability Systems, LLC, a subsidiary of Armor
Holdings, Inc., Fairfield, Ohio (subject firm). The notice of
determination was published in the Federal Register on August 18,
2011 (76 FR 51433). BAE Systems Survivability Systems, LLC,
Fairfield, Ohio is engaged in activities related to the production
of armored vehicles (except tanks) and parts for the United
States military.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that worker group
at BAE Systems Survivability Systems, LLC, Fairfield, Ohio, does
not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of articles like or
directly competitive with the armored vehicles produced by BAE
Systems Survivability Systems, LLC, Fairfield, Ohio.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that BAE Systems Survivability Systems, LLC
did not shift to/acquire from a foreign country production of
armored military vehicles and parts (or like or directly
competitive articles).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that BAE Systems Survivability Systems,
LLC, Fairfield, Ohio, is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that BAE Systems Survivability Systems,
LLC, Fairfield, Ohio, does not act as a Downstream Producer to a
firm (or subdivision, whichever is applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied since the workers’ firm
has not been publically identified by name by the International
Trade Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of BAE Systems
Survivability Systems, LLC, a subsidiary of Armored Holdings,
Inc., Fairfield, Ohio, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of November, 2011

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,266

BAE SYSTEMS SURVIVABILITY SYSTEMS, LLC
A SUBSIDIARY OF ARMOR HOLDINGS, INC. C/O BAE SYSTEMS
FAIRFIELD, OHIO

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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:
(1) 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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on July 5, 2011 on behalf of workers at BAE Systems
Survivability Systems, LLC, a subsidiary of Armor Holdings, Inc.
c/o BAE Systems, Fairfield, Ohio. The workers’ firm is engaged in
activities related to the production of armored military vehicles.
The petitioner alleges that loss of business to
manufacturers in the United States led to worker group
separations at the subject firm. The investigation included
analysis of data supplied by the workers’ firm, information
collected during a previous investigation and information
provided by the petitioners.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that there has not been a shift in
production of articles like or directly competitive with the
armored military vehicles produced by the workers’ firm to a
foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or directly
competitive with the armored military vehicles produced by the
firm have not increased. Rather, the investigation confirmed that
the worker separations are attributable to a loss of business by
the firm to another firm located within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers’ firm is not 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).
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.






Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BAE Systems
Survivability Systems, LLC, a subsidiary of Armor Holdings, Inc.
c/o BAE Systems, Fairfield, Ohio, engaged in activities related
to production of armored military vehicles, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, as amended, and are also denied eligibility to apply
for alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, amended.
Signed in Washington, D.C. this 28th day of July, 2011


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



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