DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,269

INTERNATIONAL FLIGHT TRAINING ACADEMY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
PLACEMENT PROS AND SELECT STAFFING
BAKERSFIELD, CALIFORNIA

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 on April 29, 2014,
resulted in a negative determination, issued on May 23, 2014,
that was based on the findings that International Flight Training
Academy, Bakersfield, California, does not produce an article.
The determination was applicable to workers and former workers
of International Flight Training Academy, including on-site
leased workers from Placement Pros and Select Staffing,
Bakersfield, California. The workers’ firm is engaged in
activities related to the supply of pilot training services.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift
in the supply of pilot training services contributed importantly
to worker separations.

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 supply of services like or
directly competitive with the services supplied by the workers
which contributed importantly to worker group separations at
International Flight Training Academy, Bakersfield, California.

Conclusion

After careful review, I determine that workers of International
Flight Training Academy, Bakersfield, California, who are engaged
in activities related to the supply of pilot training services,
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 International Flight Training Academy, including
on-site leased workers from Placement Pros and Select Staffing,
Bakersfield, California, who became totally or partially separated
from employment on or after April 4, 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 19th day of August, 2015


/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-85,269

INTERNATIONAL FLIGHT TRAINING ACADEMY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
PLACEMENT PROS AND SELECT STAFFING
BAKERSFIELD, CALIFORNIA


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 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 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 April 29, 2014 on behalf of workers of International Flight
Training Academy (IFTA), Bakersfield, California. The workers' firm
is engaged in activities related to the supply of pilot training
services. The worker group includes on-site leased workers from
Placement Pros and Select Staffing.
The petitioners alleged that pilot training services shifted to
a foreign country.
During the course of the investigation, information was
collected from the workers' firm and the petitioners.
The investigation revealed that IFTA does not produce an article
within the meaning of Section 222(a) or Section 222(b) of the Act.
In order to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought) must
work for a "firm" or appropriate subdivision that produces an
article. The definition of a firm includes an individual
proprietorship, partnership, joint venture, association, corporation
(including a development corporation), business trust, cooperative,
trustee in bankruptcy, and receiver under decree of any court.
During the investigation, the Department obtained information
that revealed that the workers' firm did not produce an article;
rather, the workers' firm supplied services related to pilot
training.
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 International Flight Training
Academy, including on-site leased workers from Placement Pros and
Select Staffing, Bakersfield, California, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.

Signed in Washington, D.C., this 23rd day of May, 2014

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