DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,228

NILFISK – ADVANCE, INC.
A SUBSIDIARY OF NKT HOLDING GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
STAFFING PARTNERS ADMINISTRATIVE GROUP
AND E-TECHNICAL STAFFING, INC.
PLYMOUTH, MINNESOTA

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 April 15, 2014, resulted
in a negative determination, issued on May 16, 2014. The
determination was applicable to workers and former workers of
Nilfisk-Advance, Inc., a subsidiary of NKT Holding Group,
Plymouth, Minnesota (hereafter referred to as “Nilfisk”).
The workers’ firm is engaged in activities related to the
production of industrial and commercial cleaning equipment. The
subject worker group includes on-site leased workers from Staffing
Partners Administrative Group and E-Technical Staffing, Inc.
The subject firm was previously certified eligible to apply
for Trade Adjustment Assistance (TAA) under TA-W-81,417
(certification expired on April 11, 2014). The afore-mentioned
certification included on-site leased workers from Staffing
Partners Administrative Group and E-Technical Staffing, Inc.
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 production of industrial and
commercial cleaning equipment like or directly competitive with the
articles produced by the workers which contributed importantly to
worker group separations at Nilfisk.
Conclusion
After careful review, I determine that workers of Nilfisk-
Advance, Inc., a subsidiary of NKT Holding Group, on-site leased
workers from Staffing Partners Administrative Group and E-
Technical Staffing, Inc., Plymouth, Minnesota, who are engaged in
activities related to production of industrial and commercial
cleaning equipment, 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 Nilfisk-Advance, Inc., a subsidiary of NKT
Holding Group, including on-site leased workers from Staffing
Partners Administrative Group and E-Technical Staffing, Inc.,
Plymouth, Minnesota who became totally or partially separated
from employment on or after April 12, 2014, 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 2nd day of March, 2016


/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,228

NILFISK-ADVANCE, INC.
A SUBSIDIARY OF NKT HOLDING GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
STAFFING PARTNERS ADMINISTRATIVE GROUP
AND E-TECHNICAL STAFFING, INC.
PLYMOUTH, MINNESOTA


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 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 Trade
Adjustment Assistance (TAA) petition filed on April 15, 2014 by
the State of Minnesota on behalf of workers of Nilfisk-Advance,
Inc., a subsidiary of NKT Holding Group, including on-site
leased workers from Staffing Partners Administrative Group and
E-Technical Staffing, Inc., Plymouth, Minnesota (hereafter
referred to as ("Nilfisk" or "subject firm"). The workers' firm
is engaged in activities related to the production of industrial
and commercial cleaning equipment.
The petition states "Union officials report similar
circumstances to Nilfisk petition #70,690 and #81,417. Nilfisk
product lines continue to shift from Plymouth, MN to Mexico,
China, Hungary and Brazil. Existing products lines in Plymouth, MN
continue to decline, and assembly and manufacture of Nilfisk
products will continue to shift overseas. On-site temporary
employees may be affected by upcoming separations."
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers
have not been totally or partially separated, or threatened by
such separation, during the relevant period.
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 Nilfisk-Advance,
Inc., a subsidiary of NKT Holding Group, including on-site
leased workers from Staffing Partners Administrative Group and
E-Technical Staffing, Inc., Plymouth, Minnesota, 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 16th day of May, 2014

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