DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,496

REMINGTON ARMS, INC.
A SUBSIDIARY OF REMINGTON OUTDOOR COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM FIRST CHOICE STAFFING
ILION, NEW YORK

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 August 21, 2014,
resulted in a negative determination, issued on October 3, 2014, that
was based on the findings that the subject firm did not shift
production of sporting firearms, or like or directly competitive
articles, to a foreign country; that imports of sporting firearms,
or like or directly competitive articles, did not increase during
the relevant period; and that the subject firm is neither a
Supplier nor a Downstream Producer. The determination is applicable
to workers and former workers of Remington Arms, Inc., a subsidiary
of Remington Outdoor Company, including on-site leased workers from
First Choice Staffing, Ilion, New York (Remington Arms-Ilion). The
workers’ firm is engaged in activities related to the production of
sporting firearms.
Based on information reviewed during the reconsideration
investigation, the Department determines that the requirements for
certification have not been met.
The petition states “compelling numbers showing increased
imports in the industry” and identified two online articles related
to imported rifles and handguns. The petition did not include
supporting documents or attachments.
During the course of the investigation, information was
collected from the workers’ firm, the subject firm’s major
declining customers, and publically available sources.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Remington Arms, Inc. did not shift
production of sporting firearms, or like or directly competitive
articles, to a foreign country or acquire such production from a
foreign country.
With respect to Section 222(a)(2)(A)(ii), the investigation
revealed that neither the subject firm nor the subject firm’s major
declining customers increased imports of sporting firearms, or like
or directly competitive articles, during the relevant period when
compared to the representative base period, per 29 CFR 90. In
addition, aggregate data shows no increased import of sporting
firearms, or like or directly competitive articles, during the
period of sale/production decline at the subject firm.
With respect to Section 222(b)(2) of the Act, Remington Arms-
Ilion is neither a Supplier to, nor 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).
Finally, the group eligibility requirements under Section 222(e)
of the Act, have not been satisfied because Criterion (1) has not
been met since the workers’ firm has not 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.
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 Remington Arms,
Inc., a subsidiary of Remington Outdoor Company, including on-site
leased workers from First Choice Staffing, Ilion, New York, to
apply for adjustment assistance, in accordance with Section 223 of
the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 30th 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-85,496

REMINGTON ARMS, INC.
A SUBSIDIARY OF REMINGTON OUTDOOR COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM FIRST CHOICE STAFFING
ILION, NEW YORK


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 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 21, 2014 by a State Workforce Office on behalf
of workers at Remington Arms, Inc., a subsidiary of Remington
Outdoor Company, including on-site leased workers from First
Choice Staffing, Ilion, New York (subject firm or
"Remington"). The workers' firm is engaged in activities related
to the production of sporting firearms.
The petition states "compelling numbers showing increased
imports in the industry" and identified two online articles
related to imported rifles and handguns. The petition did not
include supporting documents or attachments.
During the course of the investigation, information was
collected from the workers' firm, the subject firm's major
declining customers, and publically available sources.
Workers were previously certified eligible to apply for
Trade Adjustment Assistance (TAA) under TA-W-32,545, which
expired on September 4, 1998.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Remington did not shift production
of sporting firearms, or like or directly competitive
articles, to a foreign country.
With respect to Section 222(a)(2)(A)(ii), the
investigation revealed that neither the subject firm nor the
subject firm's major declining customers increased imports of
sporting firearms, or like or directly competitive articles,
during the relevant period. In addition, aggregate data shows
no increased import of sporting firearms, or like or directly
competitive articles, during the period of sale/production
decline at the subject firm.
With respect to Section 222(b)(2) of the Act, Remington is
neither a Supplier to, nor 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).
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
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 Remington Arms,
Inc., a subsidiary of Remington Outdoor Company, including on-
site leased workers from First Choice Staffing, Ilion, New
York, 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974,
amended.
Signed in Washington, D. C. this 3rd day of October, 2014

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