Certified
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TAW-85096A  /  Solarworld Industries America, Inc. (Camarillo, CA)

Petitioner Type: State
Impact Date: 02/25/2013
Filed Date: 02/26/2014
Most Recent Update: 05/06/2014
Determination Date: 05/06/2014
Expiration Date: 05/06/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,096

SOLARWORLD INDUSTRIES AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM RANDSTAD
HILLSBORO, OREGON

TA-W-85,096A

SOLARWORLD INDUSTRIES AMERICA, INC.
CAMARILLO, CALIFORNIA

TA-W-85,096B

SOLARWORLD AMERICAS
INCLUDING ON-SITE LEASED WORKERS FROM PROHIRE AND RANDSTAD
CAMARILLO, CALIFORNIA

TA-W-85,096C

SOLARWORLD AMERICAS
HILLSBORO, OREGON

Certification 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.
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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision 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 in imports 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

The investigation was initiated in response to a petition
filed on February 26, 2014 by a State Workforce Office on
behalf of workers of SolarWorld Industries America, Inc.,
Hillsboro, Oregon (TA-W-85,096) and was expanded to include
workers of SolarWorld Industries America, Inc., Camarillo,
California (TA-W-85,096A), SolarWorld Americas, Camarillo,
California (TA-W-85,096B) and SolarWorld Americas, Hillsboro
Oregon (TA-W-85,096C). The workers' firm, herein known as
SolarWorld, is engaged in activities related to production of
photovoltaic solar modules. The worker group at SolarWorld
Industries America, Inc., Hillsboro, Oregon (TA-W-85,096)
includes on-site leased workers from Randstad. The worker group
at SolarWorld Americas, Camarillo, California (TA-W-85,096B)
includes on-site leased workers from Randstad and ProHire.
Workers of SolarWorld Industries America, Inc., Hillsboro,
Oregon (TA-W-85,096) were previously certified eligible to apply
for Trade Adjustment Assistance (TAA) under petition TA-W-82,484
which expired on December 6, 2013. The prior TAA certification
included on-site leased workers from Randstad.
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)(A)(i) has been met because the sales
and/or production of photovoltaic solar modules by SolarWorld
have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article
produced by SolarWorld have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at SolarWorld.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SolarWorld Industries
America, Inc., including on-site leased workers from Randstad,
Hillsboro, Oregon (TA-W-85,096), SolarWorld Industries America,
Inc., Camarillo, California (TA-W-85,096A), SolarWorld Americas,
including on-site leased workers from Randstad and ProHire,
Camarillo, California (TA-W-85,096B) and SolarWorld Americas,
Hillsboro Oregon (TA-W-85,096C) who are engaged in activities
related to the production of photovoltaic solar modules meet the
worker group certification criteria under 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 SolarWorld Industries America, Inc.,
including on-site leased workers from Randstad, Hillsboro,
Oregon (TA-W-85,096), who became totally or partially
separated from employment on or after December 7, 2013,
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, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended;
AND



All workers of SolarWorld Industries America, Inc.,
Camarillo, California (TA-W-85,096A), SolarWorld Americas,
including on-site leased workers from Randstad and ProHire,
Camarillo, California (TA-W-85,096B) and SolarWorld
Americas, Hillsboro Oregon (TA-W-85,096C), who became
totally or partially separated from employment on or after
February 25, 2013 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as 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