DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,641

GENERAL ELECTRIC COMPANY
D/B/A GE CAPACITOR AND POWER QUALITY PRODUCTS
ENERGY CONNECTIONS DIVISION
FORT EDWARD, NEW YORK


Notice of Revised Determination
on Reconsideration

On September 7, 2016, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of General Electric Company, d/b/a
GE Capacitor and Power Quality Products, Energy Connections Division,
Fort Edward, New York (hereafter referred to as “GE-Fort Edward” or
“the subject firm”). The subject firm is engaged in activities
related to the production of capacitors. The subject worker group
does not include on-site leased workers. Workers of the subject firm
were previously certified eligible to apply for Trade Adjustment
Assistance under TA-W-85,071 (certification expired on May 29, 2016).
Based on new information provided during the reconsideration
investigation, the Department determines that the worker group at
GE-Fort Edward has met the worker group eligibility criteria set
forth in the Trade Act of 1974, as amended.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in GE-Fort Edward have become totally or
partially separated, or are threatened to become totally or partially
separated.
Section 222(a)(2)(B) has been met because the workers’ firm has
shifted to a foreign country a portion of the production of
capacitors like or directly competitive with those produced by the
workers which contributed importantly to worker group separations
at GE-Fort Edward.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of GE-Fort Edward, who were
engaged in employment related to production of capacitors, 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 General Electric Company, d/b/a GE Capacitor and
Power Quality Products, Energy Connections Division, Fort Edward,
New York, who became totally or partially separated from
employment on or after May 30, 2016, 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 31st day of October, 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-91,641

GENERAL ELECTRIC COMPANY
D/B/A GE CAPACITOR AND POWER QUALITY PRODUCTS
ENERGY CONNECTIONS DIVISION
FORT EDWARD, NEW YORK

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated August 18, 2016, the State of New York
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
General Electric Company, d/b/a GE Capacitor and Power Quality
Products, Energy Connections Division, Fort Edward, New York (GE-
Fort Edward). The determination was issued on July 25, 2016.
Workers of GE-Fort Edward are engaged in activities related to the
production of capacitors. The petition is dated March 29, 2016.
Workers of GE-Fort Edward who were totally or partially
separated from employment on or after February 4, 2013 through May
29, 2016 were eligible to apply for Trade Adjustment Assistance
(TAA) under TA-W-85,071 (certification based on increased imports).
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, during the relevant
period, of articles like or directly competitive with capacitors
did not contribute importantly to the worker separations and sales
and/or production declines at GE-Fort Edward. GE-Fort Edward did
not shift production of capacitors, or like or directly competitive
articles, to a foreign country or acquire such production from a
foreign country. GE-Fort Edward is not a Supplier or 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). 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.
The request for reconsideration states that workers covered by
TA-W-91,641 “were affected by the same economic conditions and
foreign imports which contributed to the separation of workers”
covered by TA-W-85,071.
The attachment to the request for reconsideration states that
while most workers were separated during the period of
certification of TA-W-85,701, employment was “extended in one small
production operation in Fort Edward . . . The eventual job loss
event for these employees remains linked to the circumstances for
both the announced plant closure on September 2013 and the approval
of” the earlier petition (TA-W-85,071).
The Department has carefully reviewed the request for
reconsideration and the existing record, and will conduct further
investigation to determine whether imports of articles like or
directly competitive with the capacitors produced at GE-Fort Edward
increased during the relevant period when compared to the
representative base period, per 29 CFR 90.2, and if the petitioning
worker group meets 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 7th day of September, 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-91,641

GENERAL ELECTRIC COMPANY
D/B/A GE CAPACITOR AND POWER QUALITY PRODUCTS
ENERGY CONNECTIONS DIVISION
FORT EDWARD, NEW YORK

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 30, 2016 by the State Workforce Office on behalf
of workers of General Electric Company, d/b/a GE Capacitor and
Power Quality Products, Energy Connections Division, Fort
Edward, New York (GE - Fort Edward). Workers of GE - Fort
Edward are engaged in activities related to the final electrical
testing of capacitors, and were eligible to apply for Trade
Adjustment Assistance under TA-W-85,071 (certification based
on increased imports expired on May 29, 2016).
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that increased imports, during the
relevant period, of articles like or directly competitive with
the capacitors produced by GE - Fort Edward did not contribute
importantly to worker separations and sales and/or production
declines GE - Fort Edward.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that GE - Fort Edward did not shift
production of capacitors, or like or directly competitive
articles, to a foreign country or acquire such production from
a foreign country. Rather, operations were shifted to an
existing domestic facility.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that GE - Fort Edward 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 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 General Electric
Company, d/b/a GE Capacitor and Power Quality Products, Energy
Connections Division, Fort Edward, New York, 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 July 2016.

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