DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-86,024

CHART
A SUBSIDIARY OF CHART INDUSTRIES, INC.
DISTRIBUTION AND STORAGE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK, INC.
OWATONNA, MINNESOTA

TA-W-86,024A

CHART
A SUBSIDIARY OF CHART INDUSTRIES, INC.
DISTRIBUTION AND STORAGE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK, INC.
NEW PRAGUE, MINNESOTA

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. § 2282(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.
(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)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on May 20, 2015 by a State workforce office on behalf of
workers of Chart, a subsidiary of Chart Industries, Inc.,
Distribution and Storage Division, including on-site leased workers
from Aerotek, Inc., Owatonna, Minnesota (TA-W-86,024) and Chart, a
subsidiary of Chart Industries, Inc., Distribution and Storage
Division, including on-site leased workers from Aerotek, Inc., New
Prague, Minnesota (TA-W-86,024A) (hereafter referred to
collectively as "Chart"). The worker's firm is engaged in
activities related to the production of cryogenic equipment used
in the liquid gas supply industry.
The petition states: "The Company will close the Owatonna, MN
location by 6/1/15. Some workers have been relocated to the New
Prague facility, although the company reports there may be further
separations at the second facility. On-site workers believe
production is in the process of transferring to China." The
petition includes a printout of a news article, "Owatonna Chart
Industries Plant closing, eliminating 65 jobs"
(www.startribune.com; dated May 19, 2015).
During the course of the investigation, information was
collected from the workers' firm, its major declining customers,
and the Energy Information Administration.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that, during the relevant period, neither
the subject firm nor its major declining customers increased import
purchases of articles like or directly competitive with the
cryogenic equipment produced by Chart.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm has not shifted
production of cryogenic equipment, or like or directly competitive
articles, to a foreign country or acquired such production from a
foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Chart 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).
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because 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 Chart, a subsidiary of Chart
Industries, Inc., Distribution and Storage Division, including on-
site leased workers from Aerotek, Inc., Owatonna, Minnesota (TA-W-
86,024) and Chart, a subsidiary of Chart Industries, Inc.,
Distribution and Storage Division, including on-site leased workers
from Aerotek, Inc., New Prague, Minnesota (TA-W-86,024A), to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of March 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance