DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,923

OERLIKON FAIRFIELD
A SUBSIDIARY OF OC OERLIKON CORPORATION AG
LAFAYETTE, INDIANA

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 April 6, 2015, resulted
in a negative determination, issued on May 7, 2015, that was based
on no decline in employment. The determination was applicable to
workers and former workers of Oerlikon Fairfield, a subsidiary of
OC Oerlikon Corporation AG, Lafayette, Indiana. The workers’ firm
is engaged in activities related to the production of gear, drive
and shaft solutions.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that there was no
significant number or proportion of the workers in the firm that
has been separated.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that the requirement of Section
222(a)(1) has not been met because a “significant number or
proportion of the workers in such workers’ firm,” as defined in 29
CFR 90.2, have not become totally or partially separated, nor are
they threatened to become totally or partially separated.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because the
workers’ firm has not been publically 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 Oerlikon
Fairfield, a subsidiary of OC Oerlikon Corporation AG, Lafayette,
Indiana, who were engaged in employment related to the production
of gear, drive and shaft solutions, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. this 21st day of February, 2016.
/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance


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