DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,463

MOSER BAER TECHNOLOGIES, INC.
A SUBSIDIARY OF MOSER BAER LIMITED INDIA
SMART SYSTEMS TECHNOLOGY CENTER
INCLUDING ON-SITE LEASED WORKERS
FROM KELLY SERVICES
CANANDAIGUA, NEW YORK

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 August 5, 2014,
resulted in a negative determination, issued on August 20, 2014,
that was based on the findings that the subject firm does not
produce an article within the meaning of Section 222(a) or
Section 222(b) of the Act.

The determination was applicable to workers and former workers
of Moser Baer Technologies, Inc., a subsidiary of Moser Baer
Limited India, Corporate Headquarters, Fairport, New York.
During the reconsideration, the Department of Labor clarified
the activities of the subject worker group and the location to
be Moser Baer Technologies, Inc., a subsidiary of Moser Baer
Limited India, Smart Systems Technology Center, including
on-site leased workers from Kelly Services, Canandaigua, New
York. The reconsideration investigation revealed that the
worker group is engaged in activities related to the production
of LED lighting and lighting prototypes.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
firm shifted to a foreign country the production of LED
lighting and lighting prototypes like or directly competitive
with the articles produced by the workers which 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 production of LED lighting and
lighting prototypes like or directly competitive with the
articles produced by the workers which contributed importantly
to the worker group separations at Moser Baer Technologies,
Inc., a subsidiary of Moser Baer Limited India, Smart Systems
Technology Center, including on-site leased workers from Kelly
Services, Canandaigua, New York.

Conclusion

After careful review, I determine that workers of Moser Baer
Technologies, Inc., a subsidiary of Moser Baer Limited India,
Smart Systems Technology Center, Canandaigua, New York, who are
engaged in activities related to the production of LED lighting
and lighting prototypes, 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 Moser Baer Technologies, Inc., a subsidiary of
Moser Baer Limited India, Smart Systems Technology Center,
including on-site leased workers from Kelly Services, Canandaigua,
New York who became totally or partially separated from employment
on or after August 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 20th day of August, 2015

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,463

MOSER BAER TECHNOLOGIES, INC.
A SUBSIDIARY OF MOSER BAER LIMITED INDIA
FAIRPORT, NEW YORK

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 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 August 5, 2014 by the state workforce office on behalf
of workers of Moser Baer Technologies, Inc., a subsidiary of
Moser Baer Limited India, Corporate Headquarters, Fairport, New
York. The workers' firm is engaged in activities related to the
supply of administrative services. The firm recently moved from
Canadaigua, New York to Fairport, New York.
The petitioner claimed that work is transitioning to a
foreign country. During the course of the investigation,
information was collected from the workers' firm.
The investigation revealed that Moser Baer Technologies,
Inc., a subsidiary of Moser Baer Limited India, Fairport, New
York, 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 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, business trust, cooperative, trustee in bankruptcy,
and receiver under decree of any court.
During the investigation, the Department of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied services related to
administrative services.
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 Moser Baer
Technologies, Inc., a subsidiary of Moser Baer Limited India,
Corporate Headquarters, Fairport, New York engaged in activities
related to the supply of administrative services 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 20th day of August, 2014

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