DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,617

DAY & ZIMMERMANN, INC.
KANSAS DIVISION
PARSONS, KANSAS

Notice of Termination of Investigation
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 28, 2014, resulted
in a negative determination, issued on November 24, 2014, that
was based on no shift in production to a foreign country or
increased imports. An Application for Regulatory Reconsideration
was filed on December 2, 2014. A Notice of Negative Determination
on Reconsideration was issued on February 26, 2015. The determination
was applicable to workers and former workers of Day & Zimmermann, Inc.,
Kansas Division, Parsons, Kansas.
The workers’ firm is engaged in activities related to the production
of high explosive mortar rounds and demolition charges. The workers
are not separately identifiable.
Based on information reviewed during the statutory
reconsideration investigation, the Department of Labor determines
that the worker group on whose behalf the petition was filed is covered
under an existing certification (TA-W-85,867) which expires on April 3, 2017.
Consequently, the investigation has been terminated.
Signed in Washington, D.C. this 5th day of November, 2015

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





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,617

DAY & ZIMMERMANN, INC.
KANSAS DIVISION
PARSONS, KANSAS

Notice of Negative Determination
on Reconsideration

On December 17, 2014, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Day & Zimmermann, Inc., Parsons, Kansas. The notice was published in the Federal Register on December 31, 2014 (79 FR 78911).
Pursuant to 29 CFR 90.18(c), reconsideration may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination based on the findings that the subject firm did not import high explosive mortar rounds and demolition charges or shift production to a foreign country of such articles.
In the request for reconsideration, the Kansas Department of Commerce alleged workers at the subject firm had been impacted by foreign competition as production that could have taken place at the subject firm had instead been awarded to a firm in Canada.
According to 29 CFR 90.2, increased imports means that imports have increased either absolutely or relative to domestic production compared to a representative base period. The representative base period shall be one year consisting of the four quarters immediately preceding the date which is twelve months prior to the date of the petition. This petition was filed in October 2014. Therefore, the period under investigation is 2012, 2013, January through September 2013, and January through September 2014.
During the reconsideration investigation, the Department collected additional information from the subject firm and the customer of the subject firm.
The information obtained confirmed that neither the subject firm nor its customer increased imports of articles like or directly competitive with high explosive mortar rounds and demolition charges. Additionally, the production of such articles did not shift to a foreign country in the period under investigation.
Therefore, after careful review of the request for reconsideration, the Department determines that 29 CFR 90.18(c) has not been met.
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 Day & Zimmermann, Inc., Parsons, Kansas, to apply for adjustment assistance, in accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. on this 26th day of February 2015
/s/Michael W. Jaffe
_______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,617

DAY & ZIMMERMANN, INC.
KANSAS DIVISION
PARSONS, KANSAS

Notice of Negative Determination
on Reconsideration

On December 17, 2014, the Department of Labor issued an
Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of
Day & Zimmermann, Inc., Parsons, Kansas. The notice was
published in the Federal Register on December 31, 2014
(79 FR 78911). Pursuant to 29 CFR 90.18(c), reconsideration
may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The initial investigation resulted in a negative
determination based on the findings that the subject firm
did not import high explosive mortar rounds and demolition
charges or shift production to a foreign country of such
articles.

In the request for reconsideration, the Kansas Department of
Commerce alleged workers at the subject firm had been impacted
by foreign competition as production that could have taken
place at the subject firm had instead been awarded to a firm
in Canada.

According to 29 CFR 90.2, increased imports means
that imports have increased either absolutely or relative to
domestic production compared to a representative base period.
The representative base period shall be one year consisting of
the four quarters immediately preceding the date which is
twelve months prior to the date of the petition. This petition
was filed in October 2014. Therefore, the period under
investigation is 2012, 2013, January through September 2013,
and January through September 2014.

During the reconsideration investigation, the Department
collected additional information from the subject firm and
the customer of the subject firm. The information obtained
confirmed that neither the subject firm nor its customer
increased imports of articles like or directly competitive
with high explosive mortar rounds and demolition charges.
Additionally, the production of such articles did not shift
to a foreign country in the period under investigat
ion.

Therefore, after careful review of the request for
reconsideration, the Department determines that
29 CFR 90.18(c) has not been met.

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 Day
& Zimmermann, Inc., Parsons, Kansas, to apply for adjustment
assistance, in accordance with Section 223 of the Act,
19 U.S.C. § 2273.

Signed in Washington, D.C. on this 26th day of February 2015

/s/Michael W. Jaffe
_______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,617

DAY & ZIMMERMANN, INC.
KANSAS DIVISION
PARSONS, KANSAS

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated December 2, 2014, the Kansas Department
of Commerce requested administrative reconsideration of the
negative determination regarding workers’ eligibility to
apply for worker adjustment assistance applicable to workers
and former workers of Day & Zimmermann, Inc., Kansas Division,
Parsons, Kansas. The determination was issued on November 24,
2014 and the Notice of Determination has not yet been published
in the Federal Register.

Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative
determination based on the findings that imports of high
explosive mortar rounds and demolition charges have not
increased; the subject firm did not shift production to
a foreign country; and the subject 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).

The request for reconsideration asserts that the subject
firm was impacted by foreign competition and supplied new
information. The Department of Labor has carefully reviewed
the request for reconsideration and the existing record,
and has determined that the Department will conduct further
investigation to determine if the workers meet the eligibility
requirements of the Trade Act of 1974.

Conclusion

After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of
the U.S. Department of Labor's prior decision. The application
is, therefore, granted.

Signed at Washington, D.C., this 17th day of December, 2014

/s/Michael W. Jaffe
_______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,617

DAY & ZIMMERMANN, INC.
KANSAS DIVISION
PARSONS, KANSAS

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 October 28, 2014 on behalf of workers of Day &
Zimmermann, Inc., Kansas Division, Parsons, Kansas. The
workers' firm is engaged in activities related to the production
of high explosive mortar rounds and demolition charges.
The petitioner alleged that the firm lost a bid to
produce high explosive mortar rounds to a Canadian firm.
During the course of the investigation, information was
collected from the workers' firm and the firm's primary
customer.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
production of high explosive mortar rounds and demolition
charges to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of high explosive mortar
rounds and demolition charges have not increased. Rather, the
investigation confirmed that the explosive mortar rounds and
demolition charges formerly produced by the workers' firm
continue to be produced within the United States for the same
customer, but by another firm.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Day & Zimmermann, Inc., Kansas
Division, Parsons, Kansas 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. 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 Day & Zimmermann,
Inc., Kansas Division, Parsons, Kansas engaged in activities
related to the production of high explosive mortar rounds and
demolition charges are denied eligibility to apply for adjust-
ment 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 24th day of November, 2014

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