DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,012

SANYO SOLAR (USA) LLC
A SUBSIDIARY OF SANYO NORTH AMERICA CORPORATION
CARSON, CALIFORNIA

Notice of Negative Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), 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 TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated January 13, 2014,
resulted in a negative determination, issued on May 2, 2014, that
was based on no decline in employment. The determination was
applicable to workers and former workers of SANYO Solar (USA) LLC,
a subsidiary of SANYO North American Corporation, Carson,
California. The workers’ firm is engaged in activities related to
the production of silicon ingots.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the firm did
not employ a worker group during the relevant time period. In this
case, there was no worker group in January 2013 since worker
separations occurred in 2012, outside the scope of the relevant
time period.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that the requirement of Section
222(a)(1) has not been met because the firm did not employ a
“significant number or proportion of the workers in such workers’
firm,” as defined in 20 CFR 90.2 to mean that the firm must have at
least three full-time workers during the year preceding the Trade
Adjustment Assistance (TAA) petition date. The subject firm did
not meet this threshold level of employment.
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because the petition was
not timely filed during the one-year period beginning on the date
of publication in the Federal Register of either a summary of the
report submitted under section 202(f)(1) of the Trade Act of 1974
with respect to an affirmative determination issued under Section
202(b)(1) of the Trade Act or a notice of an affirmative
determination under Section 421(b)(1) of the Trade Act or an
affirmative final determination under Section 705(b)(1)(A) or
735(b)(1)(A) of the Tariff Act of 1930.

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 SANYO Solar
(USA) LLC, a subsidiary of SANYO North American Corporation,
Carson, California, who were engaged in employment related to the
production of silicon ingots to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 12th day of February, 2016.


/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,012

SANYO SOLAR (USA) LLC
A SUBSIDIARY OF SANYO NORTH AMERICA CORPORATION
CARSON, CALIFORNIA

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 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 January 13, 2014 by the state workforce office on
behalf of workers of SANYO Solar (USA) LLC, a subsidiary of
SANYO North American Corporation, Carson, California. The
workers' firm is engaged in activities related to the production
of silicon ingots.
The petitioners alleged that production was shifted to a
foreign country. During the course of the investigation,
information was collected from the workers' firm.
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 have not been separated by the firm in the year before
the petition date. Rather, the investigation confirmed that
all workers were separated more than one year before the
petition date.
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 (TAA). 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 all workers of SANYO Solar (USA)
LLC, a subsidiary of SANYO North American Corporation, Carson,
California, engaged in activities related to the production of
silicon ingots 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 2nd day of May, 2014

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