DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,615

TRANE U.S. INC.
TYLER OPERATIONS/RESIDENTIAL HVAC
A SUBSIDIARY OF INGERSOLL-RAND COMPANY LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
REMEDY INTELLIGENT STAFFING
TYLER, TEXAS

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 October 27, 2014,
resulted in a negative determination, issued on January 16, 2015,
that was based on no sales and production declines and no shift in
production abroad. The determination was applicable to workers and
former workers of Trane U.S. Inc., Tyler Operations/Residential
HVAC division, a subsidiary of Ingersoll-Rand Ltd., including on-
site leased workers from Remedy Intelligent Staffing, Tyler,
Texas. The workers’ firm is engaged in activities related to the
production of residential condensers and heat pumps.
The worker group, Trane U.S. Inc., Tyler
Operations/Residential HVAC division, a subsidiary of Ingersoll-
Rand Ltd., including on-site leased workers from Remedy
Intelligent Staffing, Tyler, Texas, was previously determined
eligible to apply for Trade Adjustment Assistance (TAA) under
petition number TA-W-82,075, which expired on November 23, 2014.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject
firm acquired articles from a foreign country 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 acquired from a foreign country articles like or directly
competitive with articles produced by the workers which contributed
importantly to worker group separations at Trane U.S. Inc., Tyler
Operations/Residential HVAC division, a subsidiary of Ingersoll-
Rand Ltd., including on-site leased workers from Remedy
Intelligent Staffing, Tyler, Texas.

Conclusion
After careful review, I determine that workers of Trane U.S.
Inc., Tyler Operations/Residential HVAC division, a subsidiary of
Ingersoll-Rand Ltd., including on-site leased workers from Remedy
Intelligent Staffing, Tyler, Texas, who are engaged in activities
related to production of residential condensers and heat pumps,
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 Trane U.S. Inc., Tyler Operations/Residential
HVAC division, a subsidiary of Ingersoll-Rand Ltd.,
including on-site leased workers from Remedy Intelligent
Staffing, Tyler, Texas who became totally or partially
separated from employment on or after November 24, 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 12th day of January, 2016


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,615

TRANE U.S. INC.
TYLER OPERATIONS/RESIDENTIAL HVAC
A SUBSIDIARY OF INGERSOLL-RAND COMPANY LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
REMEDY INTELLIGENT STAFFING
TYLER, TEXAS

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 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 October 27, 2014 by State Workforce Office on behalf
of workers of Trane U.S. Inc., Tyler Operations/Residential
HVAC division, a subsidiary of Ingersoll-Rand Ltd., Tyler,
Texas. The worker group includes on-site leased workers from
Remedy Intelligent Staffing. The workers' firm is engaged in
activities related to the production of residential condensers
and heat pumps.
The petitioner provided the following allegation, "As
reflected in certification TA-W-82,075, U.S. imports of
articles like or directly competitive with the article
produced by Trane have increased, leading to layoffs. This
existing certification expires November 23, 2014 and layoffs
are anticipated to continue beyond this date. Most recent
layoff activity occurred during the months of August and
September 2014." During the course of the investigation,
information was collected from the workers' firm.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that the workers' firm has not
experienced a decline in the sales or production of residential
condensers and heat pumps during the relevant period under
investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of residential condensers and heat pumps to a foreign
country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers' 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).
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 Trane U.S. Inc.,
Tyler Operations/Residential HVAC division, a subsidiary of
Ingersoll-Rand Ltd., including on-site leased workers from
Remedy Intelligent Staffing, Tyler, Texas engaged in
activities related to the production of residential condensers
and heat pumps 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 January, 2015

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