DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,458

REC SILICON, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES WERE
REPORTED THROUGH
REC SOLAR GRADE SILICON LLC
MOSES LAKE, WASHINGTON

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;
(2)(B)(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/acquisition must have contributed
importantly to the workers’ separation or
threat of separation.

The program regulations at 29 CFR 90.2 define “firm” to
include an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in
bankruptcy, and receiver under decree of any court. A firm,
together with any predecessor or successor-in-interest, or
together with any affiliated firm controlled or substantially
beneficially owned by substantially the same persons, may be
considered a single firm.
The investigation was initiated in response to a petition
filed on February 13, 2013 by a State Workforce Office on
behalf of workers of REC Silicon, Inc., Moses Lake, Washington
(REC). The workers’ firm is engaged in activities related to
the production of solar grade polysilicon. Specifically, the
workers produce solar grade polysilicon for its affiliate and
external customers who makes solar wafers. The subject worker
group includes on-site leased workers from Express Employment
Professionals and includes workers whose unemployment insurance
(UI) wages were reported through REC Solar Grade Silicon, LLC.
During the course of the investigation, information was
collected from the workers’ firm.
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 acquired from a foreign country articles like or
directly competitive with articles produced by the workers which
contributed importantly to worker group separations at REC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of REC Silicon, Inc.,
including on-site leased workers from Express Employment
Professionals, and including workers whose unemployment
insurance wages are reported through REC Solar Grade Silicon,
LLC, Moses Lake, Washington, who are engaged in activities
related to the production of solar grade polysilicon 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 REC Silicon, Inc., including on-site
leased workers from Express Employment Professionals, and
including workers whose unemployment insurance wages are
reported through REC Solar Grade Silicon, LLC, Moses
Lake, Washington, who became totally or partially separated
from employment on or after February 12, 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 22nd day of March, 2013.


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