DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,109

SHARP MANUFACTURING CO. OF AMERICA (SMCA)
A DIVISION OF SHARP ELECTRONICS CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK COMMERCIAL, CENTRAL DEFENSE STAFFING, GATEWAY SEARCH
AGENCY, SELECT STAFFING AND TRADESMAN INTERNATIONAL
MEMPHIS, TENNESSEE

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 March 4, 2014,
resulted in a negative determination, issued on April 18, 2014,
that was based on the Department’s finding of no shift of
production of solar panels, or like or directly competitive
articles, by the subject firm to a foreign country; no increased
imports of solar panels, or like or directly competitive articles,
during the relevant period; and that 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 Act, 19 U.S.C. § 2272(a). The determination was
applicable to workers and former workers of Sharp Manufacturing
Co. of America, a division of Sharp Electronics Corporation,
including on-site leased workers from Aerotek Commercial, Central
Defense Staffing, Gateway Search Agency, Select Staffing and
Tradesman International, Memphis, Tennessee (SMCA). The workers’
firm is engaged in activities related to the production of solar
panels.
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)(ii) of the Act, the
investigation revealed no increased imports of solar panels, or
like or directly competitive articles, during the twelve month
period prior to the petition date (February 28, 2014).
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that SMCA did not shift the production of
solar panels, or a like or directly competitive article, to a
foreign country or acquire such production from a foreign
country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that SMCA 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 because Criterion (2) has
not been met because the petition was not timely filed. Although
the workers’ firm has been publicly 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,
the Trade Adjustment Assistance petition was not filed within a
year after the publication of the finding in the Federal Register.
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 Sharp
Manufacturing Co. of America (SMCA), a division of Sharp
Electronics Corporation, including on-site leased Workers from
Aerotek Commercial, Central Defense Staffing, Gateway Search
Agency, Select Staffing and Tradesman International, Memphis,
Tennessee, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 29th 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-85,109

SHARP MANUFACTURING CO. OF AMERICA (SMCA)
A DIVISION OF SHARP ELECTRONICS CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK COMMERCIAL, CENTRAL DEFENSE STAFFING, GATEWAY SEARCH
AGENCY, SELECT STAFFING AND TRADESMAN INTERNATIONAL
MEMPHIS, TENNESSEE

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 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 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 certification under Section
222(b) of the Act, 19 U.S.C. § 2272(b), 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 March 4, 2014 by a union representative on behalf of
workers of Sharp Manufacturing Co. of America (SMCA), a
division of Sharp Electronics Corporation, including on-site
leased Workers from Aerotek Commercial, Central Defense
Staffing, Gateway Search Agency, Select Staffing and Tradesman
International, Memphis, Tennessee. The worker group is engaged
in activities related to the production of solar panels.
The petition alleges that worker separations are due to the
increase in solar voltaic solar panels from 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 SMCA did not shift the production of
solar panels, or a like or directly competitive product, to a
foreign country which is a party to free trade agreement with
the United States or a beneficiary country under the African
Growth and Opportunity Act, or the Caribbean Basin Economic
Recovery Act, or any other foreign country.
With respect to Section 222(a)(2)(A)(ii), the
investigation revealed no increased imports by SMCA of solar
panels (or like or directly competitive articles) during the
relevant period. Because SMCA reported no declining domestic
customers during the relevant period, the Department did not
conduct a customer survey.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that, during the relevant period, SMCA
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), and did not act as a
Downstream Producer for, 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), based on an increase in imports from, or a
shift in production to, Canada or Mexico.
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 Sharp
Manufacturing Co. of America (SMCA), a division of Sharp
Electronics Corporation, including on-site leased workers from
Aerotek Commercial, Central Defense Staffing, Gateway Search
Agency, Select Staffing and Tradesman International, Memphis,
Tennessee, 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 18th day of April, 2014


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