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TAW-91562  /  Halliburton Energy Services, Inc. (Duncan, OK)

Petitioner Type: Workers
Impact Date: 03/07/2015
Filed Date: 03/08/2016
Most Recent Update: 10/20/2016
Determination Date: 10/20/2016
Expiration Date: 10/20/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,562

HALLIBURTON ENERGY SERVICES, INC.
TECHNOLOGY
DUNCAN, OKLAHOMA

Notice of Revised Determination
on Reconsideration

On August 22, 2016, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Halliburton Energy Services,
Inc., Technology, Duncan, Oklahoma.
To support the request for reconsideration, the petitioners
supplied additional information regarding their activities to
supplement that which was gathered during the initial
investigation. In the initial investigation, the Department
determined that the worker group was engaged in the production of
crude oil, natural gas, and natural gas liquids (NGLs). The
petitioners supplied additional information that the worker group
is engaged in activities related to the production of oilfield
equipment, specifically.
Based on information from the petitioners and the company
officials provided during the reconsideration investigation, the
Department of Labor determines that the worker group is engaged in
activities related to the production of oilfield equipment,
specifically designing internal and customer specified oilfield
service equipment to be manufactured. The Department also
determines that increased company imports of oilfield equipment
have contributed importantly to the production declines and workers
separations at Halliburton Energy Services, Inc., Technology,
Duncan, Oklahoma.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Halliburton Energy
Services, Inc., Technology, Duncan, Oklahoma, who were engaged in
activities related to the production of oilfield 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 Halliburton Energy Services, Inc.,
Technology, Duncan, Oklahoma who became totally or partially
separated from employment on or after March 7, 2015, 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 20th day of October, 2016


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




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,562

HALLIBURTON ENERGY SERVCIES
2600 S. 2ND STREET
DUNCAN, OKLAHOMA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated June 22, 2016, workers requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Halliburton
Energy Services, 2600 S. 2ND Street, Duncan, Oklahoma. The
determination was issued on May 22, 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 findings that increased imports of oil and natural gas
did not contribute importantly to the separations at Halliburton
Energy Services, the firm did not shift the production of oil or
natural gas to a foreign country or acquire oil or natural gas from
a foreign country. Furthermore, the firm was not a Supplier or
Downstream Producer to a firm whose workers were certified eligible
to apply for Trade Adjustment Assistance and the firm was not
publicly named by the International Trade Commission as a part of a
domestic industry in an affirmative finding of serious injury,
market disruption, or material injury, or threat thereof.
The request for reconsideration asserts that workers in the
same location are receiving the same benefits.
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 22nd day of August, 2016

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




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,562

HALLIBURTON ENERGY SERVICES
2600 S. 2ND STREET
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 March 8, 2016 on behalf of workers of Halliburton
Energy Services, 2600 S. 2nd Street, Duncan, Oklahoma (herein
referred to as "Halliburton Energy Services"). The workers'
firm is engaged in activities related to the production of crude
oil, natural gas, and natural gas liquids (NGLs).
Specifically, the workers supply activities in support of
Halliburton's field personnel who uses Halliburton's tools in
the production of oil.
The petitioners alleged that, "(B)ecause of foreign
trade, the oil and gas market has taken a downturn therefore
making companies adjust (their workforce). (I)n doing so,
several employees have gotten laid off with no jobs to be
found in their experience level."
During the course of the investigation, information was
collected from the workers' firm, the petitioners, and the
United States Energy Information Administration.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that increased imports of crude oil did
not contribute importantly to the separations at Halliburton
Energy Services. Aggregate United States imports of crude oil,
natural gas, or NGLs did not increase during the same period
of time in which United States production of crude oil were
decreasing (March 2015 to February 2016 period compared to
March 2014 to February 2015 base period). Furthermore, the
firm did not increase imports of crude oil, natural gas, or
NGLs during the period of investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of crude oil, natural gas, or NGLs or a like or
directly competitive article to a foreign country or acquire
crude oil, natural gas, or NGLs 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 Halliburton Energy Services 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 Halliburton Energy
Services, 2600 South 2nd Street, Duncan, Oklahoma engaged in
activities related to the production of crude oil, natural gas,
and NGLS, specifically activities in support of Halliburton's
field personnel who uses Halliburton's tools in the production
of crude oil and natural gas, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.

Signed in Washington, D.C. this 22nd day of May 2016.

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