DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,066

SUNEDISON, INC.
STP MFG. PLANT
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
MEMC ELECTRONIC MATERIALS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
ST. PETERS, MISSOURI

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 February 12, 2014,
resulted in a negative determination, issued on May 6, 2014, that
was based on the Department of Labor’s finding that the firm did
not increase imports or shift production to foreign countries a
party to a free trade agreement with the United States or
beneficiary countries under certain provisions. The determination
was applicable to workers and former workers of SunEdison, Inc.,
STP Manufacturing Plant, including on-site leased workers from
Adecco, St. Peters, Missouri.
The statutory reconsideration clarified the worker group to
name to be SunEdison, Inc., STP Mfg. Plant, including workers
whose wages were reported through MEMC Electronic Materials,
Inc., including on-site leased workers from Adecco, St. Peters,
Missouri.
The workers’ firm is engaged in activities related to the
production of silicon crystal ingots.
The workers of MEMC Electronic Materials, Inc. (now known as
SunEdision, Inc.) were previously certified eligible to apply for
Trade Adjustment Assistance (TAA) under petition TA-W-75,217,
which expired on April 19, 2013.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject
firm shifted production of silicon crystal ingots to a foreign
country.
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
SunEdison, Inc., STP Mfg. Plant, including workers whose wages
were reported through MEMC Electronic Materials, Inc., including
on-site leased workers from Adecco, St. Peters, Missouri.
Conclusion
After careful review, I determine that workers of SunEdison,
Inc., STP Mfg. Plant, including workers whose wages were reported
through MEMC Electronic Materials, Inc., including on-site leased
workers from Adecco, St. Peters, Missouri, who are engaged in
activities related to production of silicon crystal ingots, 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 SunEdison, Inc., STP Mfg. Plant, including
workers whose wages were reported through MEMC Electronic
Materials, Inc., including on-site leased workers from
Adecco, St. Peters, Missouri who became totally or partially
separated from employment on or after April 20, 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 3rd day of January, 2016


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,066

SUNEDISON, INC.
STP MANUFACTURING PLANT
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
ST. PETERS, MISSOURI

Notice of Negative Determination
on Reconsideration

On June 24, 2014, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of SunEdison, Inc., STP
Manufacturing Plant, St. Peters, Missouri (subject firm). The
Department’s Notice was published in the Federal Register on
July 8, 2014 (79 FR 38567).

The initial investigation resulted in a negative determination
based on the Department’s findings that the subject firm shifted
production of silicon crystal ingots to foreign countries that
are neither a party to a free trade agreement with the United
States nor beneficiary countries under the African Growth and
Opportunity Act or the Caribbean Basin Economic Recovery.
Furthermore, the Department’s findings revealed that the worker’s
firm did not import silicon crystal ingots and there was neither
actual nor likely increased imports of articles like or directly
competitive with silicon crystal ingots following the shift of
production abroad.

In the request for reconsideration, a company official provided
information pertaining to two previous Trade Adjustment Assistance
(TAA) certifications of worker groups at the subject firm (TA-W-6
3,157 and TA-W-75,217) and claimed that the conditions under which
the previous determinations were issued have also impacted the worker
group covered under TA-W-85,066. The request also contained information
on customers that have decreased purchases from the subject firm.

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.

Workers at the subject firm were eligible to apply for TAA under petition
TA-W-63,157 on the basis of increased imports and under petition TA-W-75,217
on the basis of a shift in production to Malaysia. The latter certification
was issued under the Trade Act of 1974, Trade and Globalization Adjustment
Assistance Act of 2009 amendments. Because petition TA-W-85,066 was filed
in in February 2014, the worker group eligibility criteria of the Trade Act
of 1974, Reversion 2014 amendments, apply and the basis for certification
of an earlier petition cannot be the basis for the current petition.

Information obtained from the subject firm during the reconsideration
investigation confirmed that although production shifted to foreign
countries during the relevant period, the countries are not party to a
free trade agreement with the United States or named beneficiaries and
that the products will not be imported into the United States post-shift.

The reconsideration investigation also revealed that the customers to
which the subject firm attributed the declines in its domestic operations
did not purchase silicon ingots but other articles manufactured at the
subject firm’s foreign operations.

In addition the reconsideration investigation revealed that the subject
worker group includes on-site leased workers from Adecco.

Therefore, after careful review of previously-submitted information and
additional information obtained during the reconsideration investigation,
the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker adjustment
assistance for workers and former workers of SunEdison, Inc., STP
Manufacturing Plant, including on-site leased workers from Adecco,
St. Peters, Missouri.

Signed in Washington, D.C. on this 3rd day of October, 2014

/s/ Del Min Amy Chen
_______________________________

DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,066

SUNEDISON, INC.
STP MANUFACTURING PLANT
ST. PETERS, MISSOURI

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated June 3, 2014, a company official requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of SunEdison,
Inc., STP Manufacturing Plant, St. Peters, Missouri (subject firm).
The determination was issued on May 6, 2014 and the Notice of d
etermination has not yet been published in the Federal Register.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The negative determination was based on the Department of Labor’s
findings that the subject firm did not shift production of articles
like or directly competitive with those produced by the workers to a
foreign country during the relevant time period; the subject firm
did not increase imports of such articles during the relevant time
period; and the subject firm is not 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 Trade Act of 1974, as
amended (the Act).

The request for reconsideration includes information not previously
considered regarding the subject firm’s operations and customers.
The Department has carefully reviewed the request for reconsideration
and the existing record, and has determined that the Department will
conduct further investigation to determine if the workers meet the
eligibility requirements of the Act.

Conclusion
After careful review of the application, I conclude that the claim
is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is,
therefore, granted.

Signed at Washington, D.C., this 24th day of June, 2014

/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,066

SUN EDISON, INC.
STP MFG. PLANT
ST. PETERS, MISSOURI

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 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 February 12, 2014 by a State Workforce Official on
behalf of workers of Sun Edison, Inc., STP Mfg. Plant, St.
Peters, Missouri. The workers' firm is engaged in activities
related to production of silicon crystal ingots.
The petitioner alleged that production was shifted to
foreign countries. During the course of the investigation,
information was collected from the workers' firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift production of
articles like or directly competitive with silicon crystal
ingots to a foreign country during 2012, 2013 or 2014.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with silicon crystal ingots have not
increased from 2012 to 2013 or during the period of January
2014 when compared to the same time period in 2013.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sun Edison, Inc., STP Mfg. Plant,
St. Peters, Missouri is not 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.
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. 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 workers of Sun Edison, Inc., STP
Mfg. Plant, St. Peters, Missouri engaged in activities related
to production of silicon crystal 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 6th day of May, 2014.

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