DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,875

MANITOWOC CRANES, LLC
A WHOLLY-OWNED (INDIRECT) SUBSIDIARY OF
THE MANITOWOC COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, FLEXSTAFF, WATERSTONE, ZYQUEST, CORE CONSULTING, GLOBAL
DATA CONSULTANTS (GDC), SEEK, SOFTWARE SYSTEMS, INC., HCL
AMERICA, INC., GLOBALSOURCE IT, ADVANCED WORKFORCE, INC., AND
SITE PERSONNEL
MANITOWOC, WISCONSIN

Notice of Negative Determination
on Reconsideration

On November 11, 2016, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Manitowoc Cranes, LLC, a
wholly-owned (indirect) subsidiary of The Manitowoc Company, Inc.,
including on-site leased workers from Aerotek, FlexStaff,
Waterstone, Zyquest, Core Consulting, Global Data Consultants
(GDC), Seek, Software Systems, Inc., HCL America, Inc.,
Globalsource, IT, Advanced Workforce, Inc., and Site Personnel,
Manitowoc, Wisconsin (Manitowoc Cranes, LLC). Workers of Manitowoc
Cranes, LLC are engaged in activities related to the production of
lattice boom crawler cranes used primarily in the construction
industry. The petition date is June 2, 2016.
The initial negative determination was based on the findings
that subject firm sales increased during January through May 2016
compared to the same period in 2015; the subject firm did not shift
the production of lattice boom crawler cranes, or like or directly
competitive articles, to a foreign country or acquire production of
lattice boom crawler cranes, or like or directly competitive
articles, from a foreign country; 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); and that the subject firm
is not named by the International Trade Commission as a member of a
domestic industry in an affirmative finding of serious injury,
market disruption, or material injury, or threat thereof.
The request for reconsideration states that “The impact of
foreign competition continues to impede production of lattice booms
in Manitowoc, WI” and that Manitowoc “did indeed indicate loss of
orders to the United Kingdom.”
Information obtained from during the reconsideration
investigation revealed that, with regards to lattice boom crawler
cranes, export sales at Manitowoc Cranes, LLC decreased in 2015
from 2014 levels; overall sales at Manitowoc Cranes, LLC increased
in 2015 from 2014 levels; imports by Manitowoc Cranes, LLC
decreased in 2015 from 2014 levels; export sales at Manitowoc
Cranes, LLC increased in January-May 2016 from January-May 2015
levels; overall sales at Manitowoc Cranes, LLC increased in
January-May 2016 from January-May 2015 levels; imports by Manitowoc
Cranes, LLC decreased in January-May 2016 from January-May 2015
levels; Manitowoc Cranes, LLC has not shifted production to a
foreign country; and Manitowoc Cranes, LLC has not acquired the
production of lattice boom crawler cranes from a foreign country.
Conclusion
After careful review of previously-submitted information and
information obtained during the reconsideration 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 Manitowoc Cranes, LLC, a wholly-owned
(indirect) subsidiary of The Manitowoc Company, Inc., including on-
site leased workers from Aerotek, FlexStaff, Waterstone, Zyquest,
Core Consulting, Global Data Consultants (GDC), Seek, Software
Systems, Inc., HCL America, Inc., Globalsource, IT, Advanced
Workforce, Inc., and Site Personnel, Manitowoc, Wisconsin, to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. on this 1st day of March, 2017

/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-91,875

MANITOWOC CRANES, LLC
A WHOLLY-OWNED (INDIRECT) SUBSIDIARY OF
THE MANITOWOC COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, FLEXSTAFF, WATERSTONE, ZYQUEST, CORE CONSULTING,
GLOBAL DATA CONSULTANTS (GDC), SEEK, SOFTWARE SYSTEMS, INC.,
HCL AMERICA, INC., GLOBALSOURCE IT, ADVANCED WORKFORCE, INC.,
AND SITE PERSONNEL
MANITOWOC, WISCONSIN

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated October 14, 2016, the International
Association of Machinist and Aerospace Workers (IAMAW), District
No. 10, requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
on behalf of workers of Manitowoc Cranes, LLC, a wholly-owned
(indirect) subsidiary of The Manitowoc Company, Inc., Manitowoc,
Wisconsin (herein referred to as “Manitowoc Cranes, LLC”). The
workers’ firm is engaged in activities related to the production of
lattice boom crawler cranes. The subject worker group includes
on-site leased workers from Aerotek, FlexStaff, Waterstone,
Zyquest, Core Consulting, Global Data Consultants (GDC), Seek,
Software Systems, Inc., HCL America, Inc., Globalsource IT,
Advanced Workforce, Inc., and Site Personnel. The Notice of
determination was issued on September 14, 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 subject firm sales increased during
January through May 2016 compared to the same period in 2015; the
subject firm did not shift the production of lattice boom crawler
cranes, or like or directly competitive articles, to a foreign
country or acquire production of lattice boom crawler cranes, or
like or directly competitive articles, from a foreign country; 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);
and that the subject firm is not named by the International Trade
Commission as a member of a domestic industry in an affirmative
finding of serious injury, market disruption, or material injury,
or threat thereof.
The request for reconsideration states that operations at
the Manitowoc, Wisconsin facility has ceased. The request
included additional information relating to the assertion that
the Department’s finding of no sales declines to be erroneous.
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, 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 11th day of November, 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-91,875

MANITOWOC CRANES, LLC
A WHOLLY-OWNED (INDIRECT) SUBSIDIARY OF
THE MANITOWOC COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, FLEXSTAFF, WATERSTONE, ZYQUEST, CORE CONSULTING,
GLOBAL DATA CONSULTANTS (GDC), SEEK, SOFTWARE SYSTEMS, INC.,
HCL AMERICA, INC., GLOBALSOURCE IT, ADVANCED WORKFORCE, INC.,
AND SITE PERSONNEL
MANITOWOC, WISCONSIN

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 three 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer." 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.

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 June 3, 2016 by the International Association of
Machinist and Aerospace Workers (IAMAW) on behalf of workers of
Manitowoc Cranes, LLC, a wholly-owned (indirect) subsidiary of
The Manitowoc Company, Inc., Manitowoc, Wisconsin (herein
referred to as "Manitowoc Cranes, LLC"). The workers' firm is
engaged in activities related to the production of lattice boom
crawler cranes. The subject worker group includes on-site
leased workers from Aerotek, FlexStaff, Waterstone, Zyquest,
Core Consulting, Global Data Consultants (GDC), Seek, Software
Systems, Inc., HCL America, Inc., Globalsource, IT, Advanced
Workforce, Inc., and Site Personnel.
The petitioner alleges that, "Company was previously
certified (TA-W-72,117). The issue (which the certification
applied) still the same. Company continues to decline its sales
of lattice boom cranes."
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Manitowoc Cranes, LLC has not
experienced a decline in the sales or production of lattice
boom crawler cranes during the relevant period under
investigation. The sales have increased during employment
declines January through May 2016 compared to the same period
in 2015.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Manitowoc Cranes, LLC did not shift
the production of lattice boom crawler cranes to a foreign
country or acquire lattice boom crawler cranes from a foreign
country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Manitowoc Cranes, LLC 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).
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 Manitowoc Cranes,
LLC, a wholly-owned (indirect) subsidiary of The Manitowoc
Company, Inc., including on-site leased workers from Aerotek,
FlexStaff, Waterstone, Zyquest, Core Consulting, Global Data
Consultants (GDC), Seek, Software Systems, Inc., HCL America,
Inc., Globalsource, IT, Advanced Workforce, Inc., and Site
Personnel, Manitowoc, Wisconsin engaged in activities related to
the production of lattice boom crawler cranes to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 14th day of September 2016.

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