DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,673

CLIMAX MANUFACTURING INC.
LOWVILLE, NEW YORK

Notice of Revised Determination
on Reconsideration

On February 17, 2017, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Climax Manufacturing Inc.,
Lowville, New York (herein known as “Climax Manufacturing Inc.”
or “workers’ firm”). The publication of this notice within the
Federal Register is pending.
To support the request for reconsideration, the petitioner
supplied additional information regarding their activities to
supplement that which was gathered during the initial
investigation.
Based on the information provided during the reconsideration
investigation, the Department of Labor determines that customer(s)
imports of articles like or directly competitive to the folding
carton produced by the workers’ firm increased. The increased
imports of folding cartons contributed importantly to the worker
separations at the workers’ firm.

Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Climax Manufacturing
Inc., Lowville, New York, who were engaged in activities related to
the production of folding cartons, 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 Climax Manufacturing Inc., Lowville, New York
who became totally or partially separated from employment on
or after April 6, 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 23rd day of March, 2017


/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-91,673

CLIMAX MANUFACTURING INC.
LOWVILLE, NEW YORK

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated February 2, 2017, the United
Steelworkers, Local 1888 requested administrative reconsideration
of the negative determination regarding workers’ eligibility to
apply for worker adjustment assistance applicable to workers and
former workers of Climax Manufacturing Inc., Lowville, New York.
The determination was issued on November 4, 2016 and the Notice of
Determination was published in the Federal Register on January 4,
2017 (82 FR 879).
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 there was no shift in production by the
workers’ firm to a foreign country, no acquisition of articles by
the workers’ firm from a foreign country, and no increased imports
of articles like or directly competitive to what the workers’ firm
was producing. Furthermore, the workers’ 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 a
misinterpretation of facts.
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 17th day of February, 2017

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



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,673

CLIMAX MANUFACTURING INC.
LOWVILLE, 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 April 7, 2016 by United Steelworkers on behalf of
workers of Climax Manufacturing Inc., Lowville, New York
(subject firm). The workers are engaged in activities related to
the production of folding cartons. The worker group does not
include on-site leased workers.
The petition states "Increased imports of specialty boxes,
customers seeking material from foreign suppliers" contributed
to worker separations at the subject firm.
During the course of the investigation, information was
collected from the workers' firm, the subject firm's declining
customer(s), and public sources.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports, during the
relevant period, of articles like or directly competitive with
the folding cartons produced by the subject firm when compared
to the representative base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
production of folding cartons, or a like or directly
competitive article, to a foreign country or acquire the
production of folding cartons, 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 the subject firm 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 Climax Manufacturing
Inc., Lowville, 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 4th day of November 2016.

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