DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,201

SMA AMERICA PRODUCTION, LLC
A SUBSIDIARY OF SMA SOLAR TECHNOLOGY AG
INCLUDING ON-SITE LEASED WORKERS FROM THE EMPLOYMENT FIRM
DENVER, COLORADO

Certification 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.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the
workers in such workers' firm have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on September 13, 2016, on behalf of workers of SMA America
Production, LLC, a subsidiary of SMA Solar Technology AG,
including on-site leased workers from The Employment Firm,
Denver, Colorado (SMA America Production). The workers' firm is
engaged in activities related to the production of solar
inverters for residential, commercial, utility scale, and off-
grid uses.
During the investigation, the Department obtained
information from the petitioners and the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm 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 the production of articles
like or directly competitive with the solar inverters produced
by the workers which contributed importantly to worker group
separations at SMA America Production.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SMA America
Production, who are engaged in activities related to the
production of solar inverters, 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 SMA America Production, LLC, a subsidiary
of SMA Solar Technology AG, including on-site leased
workers from The Employment Firm, Denver, Colorado, who
became totally or partially separated from employment on or
after September 12, 2015, through two years from the date
of certification, and all workers in the group threatened
with total or partial separation from employment on the
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 21st day of October 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance