DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,016

MID-WEST TEXTILES
INCLUDING ON-SITE LEASED WORKERS FROM
EL PASO STAFFING C/O JD FACTORS LLC
EL PASO, TEXAS

Notice of Revised 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 on January 15, 2014
resulted in a negative determination, issued on March 5, 2014, that
was based on the Department’s finding that the subject firm did not
produce an article. The determination was applicable to workers and
former workers of Mid-West Textiles, El Paso, Texas (Mid-West
Textiles). The workers’ firm is engaged in activities related to the
supply of sorting recycled clothing. The worker groups include on-
site leased workers from El Paso Staffing c/o JD Factors LLC.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have been met.
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 supply of services like or directly
competitive with those supplied by the workers, which contributed
importantly to worker group separations at Mid-West Textiles.
Conclusion
After careful review, I determine that workers of Mid-West
Textiles 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 Mid-West Textiles, including on-site leased
workers from El Paso Staffing c/o JD Factors LLC, El Paso,
Texas, who became totally or partially separated from employment
on or after January 14, 2013, 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 April, 2016
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,016

MID-WEST TEXTILE
INCLUDING ON-SITE LEASED WORKERS FROM
EL PASO STAFFING C/O JD FACTORS LLC
EL PASO, TEXAS

Negative Determination 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 Andean Trade Preference Act, 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 15, 2014 by three workers of Mid-West Textile, El Paso,
Texas (Mid-West Textile). The workers' firm is engaged in activities
related to the supply of recycled clothing sorting services. The
worker group's functions consist of sorting used clothing by
categories to be shipped to various vendors. The worker group
includes on-site leased workers from El Paso Staffing c/o JD Factors
LLC.
The petitioner alleged that the firm "Process is being moved to
a location in Juarez, Mexico."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that Mid-West Textile does not
produce an article within the meaning of Section 222(a) or Section
222(b) of the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974, the
worker group seeking certification (or on whose behalf certification
is being sought) must work for a "firm" or appropriate subdivision
that produces an article. The definition of a firm includes 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.
During the investigation, the Department obtained information
that revealed that the workers' firm did not produce an article;
rather, the workers' firm supplied services related to sorting
recycled clothing.
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 Mid-West Textile, including on-site
leased workers from El Paso Staffing c/o JD Factors LLC., El Paso,
Texas, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 5th day of March, 2014

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance