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TAW-85956  /  Cameron International Corporation (Duncan, OK)

Petitioner Type: Workers
Impact Date: 04/23/2014
Filed Date: 04/24/2015
Most Recent Update: 12/05/2016
Determination Date: 12/05/2016
Expiration Date: 12/05/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,956

CAMERON INTERNATIONAL CORPORATION
MEASUREMENT DIVISION
DUNCAN, OKLAHOMA

Notice of Revised Determination
on Reconsideration


On August 18, 2016, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Cameron International
Corporation, Measurement Division, Duncan, Oklahoma (Cameron
International-Measurement Division). The workers of Cameron
International-Measurement Division are engaged in activities
related to the production of measurement equipment. The subject
worker group does not include on-site leased workers.
The request for reconsideration asserts that Cameron
International Corporation, Duncan, Oklahoma (subject firm) is a
Supplier to several firms that employ worker groups eligible to
apply for Trade Adjustment Assistance (TAA). The request for
reconsideration includes supporting documentation.
The reconsideration investigation revealed that Section
222(b)(1) has been met because a significant number or proportion
of the workers in Cameron International-Measurement Division have
become totally or partially separated, or are threatened to become
totally or partially separated.
The reconsideration investigation revealed that the subject
firm is a Supplier 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 is related to the
finished article that was the basis for such certification.
The reconsideration investigation revealed that Section
222(b)(3)(B) has been met because the loss of business by the
subject firm with the firm that employed a certified worker group
contributed importantly to worker separations at Cameron
International-Measurement Division.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Cameron International
Corporation, Measurement Division, Duncan, Oklahoma, who were
engaged in employment related to production of measurement
equipment, 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 Cameron International Corporation, Measurement
Division, Duncan, Oklahoma, who became totally or partially
separated from employment on or after April 23, 2014, through
two years from the date of this certification, and all workers
in the group threatened with total or partial separation from
employment on 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 5th day of December, 2016


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




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,956

CAMERON INTERNATIONAL CORPORATION
MEASUREMENT DIVISION
DUNCAN, OKLAHOMA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 6, 2016, a worker requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Cameron
International Corporation, Measurement Division, Duncan, Oklahoma
(subject firm). The determination was issued on March 8, 2016.
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 Department’s findings that there was no shift in
production of measurement equipment to a foreign country; that
neither the subject firm nor its major declining customer(s)
increased imports of like or directly competitive articles, during
the period of the investigation; and that the subject firm is
neither a Supplier nor a Downstream Producer to a firm that
employed a worker group eligible to apply for Trade Adjustment
Assistance (TAA).
The request for reconsideration states that the subject
firm is a Supplier to several firms that employ worker groups
eligible to apply for TAA and identified several certifications.
The Department 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, as amended.

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 18th day of August, 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-85,956

CAMERON INTERNATIONAL CORPORATION
MEASUREMENT DIVISION
DUNCAN, OKLAHOMA

Negative Determination Regarding Eligibility
To Apply for Worker 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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 or
service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition filed
on April 24, 2015 on behalf of workers of Cameron International
Corporation, Measurement Division, Duncan, Oklahoma. The
workers' firm is engaged in activities related to the production
of measurement equipment that is used to measure flowing
products in the oil and gas industry.
The petitioner alleges that, "Oil prices are rapidly
dropping due to oil refinement in the Middle East and [the}
company is outsourcing production to India and other
countries."
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and the
firm's major declining customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Criterion III has not been met
because imports did not increase of measurement equipment by
the firm nor their customers. The firm did not report imports
of measurement equipment in 2013, 2014, or during the period
of January through April 2015. Furthermore, a survey of the
subject firm's major declining customer revealed that imports
of measurement equipment did not occur. The investigation did
not look into oil or natural gas production based on the fact
that the worker group is not directly involved in the
production of oil and natural gas, rather the workers are
engaged in activities related to the production of measurement
equipment used in the oil and gas industry.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of measurement equipment or a like or directly
competitive article to a foreign country or acquire
measurement equipment or a like or directly competitive
article from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Cameron International Corporation,
Measurement Division, Duncan, Oklahoma, is not a Supplier or
acts as a 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either 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 of the facts obtained in the
investigation, 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 Cameron International
Corporation, Measurement Division, Duncan, Oklahoma, engaged in
activities related to the production of measurement equipment to
apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 8th day of March 2016.

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