DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,283

SOLARWORLD INDUSTRIES AMERICA LP
INCLUDING ON-SITE LEASED WORKERS FROM
PROHIRE AND KELLY SERVICES
CAMARILLO, CALIFORNIA

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:
(1) a significant number or proportion of the workers in
such workers' firm have become totally or partially
separated, or are threatened to become totally or partially
separated; and

(2)(A)(i) the sales or production, or both, of such firm
have decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied
by such firm have increased; and

(iii) the increase in imports 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.

The investigation was initiated in response to a petition
filed on January 31, 2012 by a state workforce office on
behalf of workers of SolarWorld Industries America LP,
Camarillo, California. The worker group, herein known as
SolarWorld, also consists of on-site leased workers from
ProHire and Kelly Services. The workers' firm is engaged in
activities related to the production of solar modules/panels.
During the course of the investigation, information was
collected from the workers' firm, customers, and firms in
which bid solicitations were placed.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the
production of solar modules/panels by SolarWorld have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article
produced by SolarWorld have increased. A survey was conducted
of the firm's major lost bids of solar modules/panels. The
survey revealed that SolarWorld was the lowest domestic bidder
for a project which was awarded to a company manufacturing
offshore.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and production declines at SolarWorld.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SolarWorld
Industries America LP, including on-site leased workers from
ProHire and Kelly Services, Camarillo, California, who are
engaged in activities related to the production of solar
modules/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 SolarWorld Industries America LP,
including on-site leased workers from ProHire and Kelly
Services, Camarillo, California, who became totally or
partially separated from employment on or after February
13, 2010, through two years from the date of
certification, and all workers in the group threatened
with total or partial separation from employment on the
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 12th day of April, 2012.


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