DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,426

DESTRON FEARING CORPORATION
WORKERS ENGAGED IN ACTIVITIES RELATED TO THE PRODUCTION OF
READERS FOR LIVESTOCK, COMPANION PET AND FISHERIES
ST. PAUL, MINNESOTA

TA-W-82,426A

DESTRON FEARING CORPORATION
WORKERS ENGAGED IN ACTIVITIES RELATED TO THE PRODUCTION OF
VISUAL AND ELECTRONIC TAGS FOR LIVESTOCK AND IMPLANTS FOR
COMPANION PETS AND FISH IMPLANTS
INCLUDING ON-SITE LEASED WORKERS FROM TOP TALENT SOLUTIONS
ST. PAUL, MINNESOTA

Determinations 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), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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. § 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.

(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) (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.
(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.

(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
(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; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such 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." 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 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(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), 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 February 7, 2013 by a State Workforce Office on behalf
of workers of Destron Fearing Corporation, St. Paul, Minnesota.
The workers' firm is engaged in activities related to the
production of animal identification products. Workers are
separately identifiable by product line: workers of Destron
Fearing Corporation, St. Paul, Minnesota are either engaged in
activities related to the production of readers for livestock,
companion pet and fisheries (TA-W-82,426) or engaged in
activities related to the production of visual and electronic
tags for livestock, implants for companion pets and fish implants
(TA-W-82,426A). The worker group of Destron Fearing Corporation,
workers engaged in activities related to the visual and
electronic tags for livestock, implants for companion pets and
fish implants, St. Paul, Minnesota (TA-W-82,426A) is inclusive of
on-site leased workers from Top Talent Solutions.
The petitioner alleged that Destron Fearing will move a
product line of companion pet RFID tags and collars from
Minnesota to China and that the company's two largest competitors
are located abroad.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that workers of Destron Fearing
Corporation, who are engaged in activities related to the
production of readers for livestock, companion pet and fisheries,
St. Paul, Minnesota (TA-W-82,426) do not meet the criteria for
certification.
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers in
such workers' firm, have not become totally or partially
separated, nor are they threatened to become totally or partially
separated.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met 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.
In addition, the investigation revealed that workers of
Destron Fearing Corporation, who are engaged in activities
related to the production of visual and electronic tags for
livestock, implants for companion pets and fish implants,
including on-site leased workers from Top Talent Solutions, St.
Paul, Minnesota (TA-W-82,426A) meet the criteria for
certification.
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)(B) has been met because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers which contributed importantly to worker group separations
at Destron Fearing Corporation, workers engaged in activities
related to the production of visual and electronic tags for
livestock, implants for companion pets and fish implants,
including on-site leased workers from Top Talent Solutions, St.
Paul, Minnesota (TA-W-82,426A).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met for workers of
Destron Fearing Corporation, who are engaged in activities
related to the production of readers for livestock, companion pet
and fisheries, St. Paul, Minnesota (TA-W-82,426) and, therefore,
deny the petition for group eligibility of Destron Fearing
Corporation, workers engaged in activities related to the
production of readers for livestock, companion pet and fisheries,
St. Paul, Minnesota (TA-W-82,426), to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Furthermore, I determine that workers of Destron Fearing
Corporation, who are engaged in activities related to the
production of visual and electronic tags for livestock, implants
for companion pets and fish implants, including on-site leased
workers from Top Talent Solutions, St. Paul, Minnesota (TA-W-
82,426A) 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 Destron Fearing Corporation, who are engaged
in activities related to the production of visual and
electronic tags for livestock, implants for companion pets
and fish implants, including on-site leased workers from Top
Talent Solutions, St. Paul, Minnesota (TA-W-82,426A), who
became totally or partially separated from employment on or
after February 6, 2012, 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 11th day of March, 2013.

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