DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,020

FCI USA LLC
A SUBSIDARY OF FCI ASIA PTE LTD.
INCLUDING ON-SITE LEASED WORKERS JFC STAFFING
AND THE DREXEL GROUP
ETTERS, PENNSYSLVANIA


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 on January 17, 2014,
resulted in a negative determination, issued on July 21, 2014, that
was based on the Department’s findings that the subject firm had
increased sales and production of electronic connectors during the
relevant period and did not shift production of electronic
connectors, or like or directly competitive articles, to a foreign
country. The determination is applicable to workers and former
workers of FCI USA LLC, a subsidiary of FCI Asia Pte. Ltd.,
including on-site leased workers from JFC Staffing and The Drexel
Group, Etters, Pennsylvania (FCI USA LLC). The workers’ firm is
engaged in activities related to the production of electronic
connectors, which includes backplanes, power solutions, board/wire
to board connectors, input/output connectors, optical interconnect,
cable assemblies, terminal blocks and flex connectors.
Based on information reviewed during the reconsideration
investigation, the Department determines that the requirements for
certification have not been met.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that FCI USA LLC had increased sales and
production during the twelve month period prior to the petitions
and, therefore, increased imports could not have contributed to
sales and/or production declines at the subject firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that FCI USA LLC did not shift production of
electronic connectors, or like or directly competitive articles,
to a foreign country, and did not acquire such production from a
foreign country.
With respect to Section 222(b) of the Act, the investigation
revealed that FCI USA LLC is not a Supplier or Downstream Producer
to a firm (or subdivision, whichever is applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because 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.
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 all workers
of FCI USA LLC, a subsidiary of FCI Asia Pte. Ltd., including on-
site leased workers JFC Staffing and The Drexel Group, Etters,
Pennsylvania, to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 30th day of March, 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-85,020

FCI USA LLC
A SUBSIDARY OF FCI ASIA PTE LTD.
INCLUDING ON-SITE LEASED WORKERS JFC STAFFING
AND THE DREXEL GROUP
ETTERS, PENNSYSLVANIA

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 17, 2014 by workers of FCI USA LLC, a
subsidiary of FCI Asia Pte. Ltd., Etters, Pennsylvania (FCI
USA LLC). The workers' firm is engaged in activities related to
the production of electronic connectors, which includes
blackplane, power solutions, board/wire to board connectors,
input/output connectors, optical interconnect, cable assemblies,
terminal blocks and flex connectors.
The worker group includes on-site leased workers from JFC
Staffing and The Drexel Group.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that FCI USA LLC, has increased sales
and production of electronic connectors during the relevant
period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of electronic connectors, or like or directly
competitive articles, to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that FCI USA LLC, is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that FCI USA LLC, does not act as a
Downstream Producer to a firm (or subdivision, whichever is
applicable) 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).
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 at FCI USA
LLC, 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 FCI USA LLC, a
subsidiary of FCI Asia Pte. Ltd., including on-site leased
workers JFC Staffing and The Drexel Group, Etters,
Pennsylvania, 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 21st day of July 2014.

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