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TAW-82183  /  AGC Flat Glass North America, Inc. (Kingsport, TN)

Petitioner Type: Union
Impact Date: 11/15/2011
Filed Date: 11/28/2012
Most Recent Update: 01/04/2013
Determination Date: 01/04/2013
Expiration Date: 01/04/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,183

AGC FLAT GLASS NORTH AMERICA, INC.
KINGSPORT, TENNESSEE

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 November 28, 2012 by the United Steel Workers, District
9, on behalf of workers at AGC Flat Glass North America, Inc.,
Kingsport, Tennessee (AGC). The workers' firm is engaged in
activities related to the production of photovoltaic glass used
in solar panels. The worker group does not include any on-site
leased workers.
Workers of AGC were previously certified under petition
TA-W-70,281, which expired on September 15, 2011.
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 sales and
production of photovoltaic glass produced by workers at AGC have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles produced
by AGC Flat Glass North America, Inc., Kingsport, Tennessee have
increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports contributed importantly to the worker group
separations and sales/production declines at the Kingsport,
Tennessee facility.
Conclusion
After careful review of the facts obtained during the
investigation, I determine that workers of AGC Flat Glass North
America, Inc., Kingsport, Tennessee, who are engaged in
activities related to the production of photovoltaic glass, 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 AGC Flat Glass North America, Inc.,
Kingsport, Tennessee, who became totally or partially
separated from employment on or after November 15, 2011,
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 4th day of January, 2013

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