DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,453

GARCO BUILDING SYSTEMS
A DIVISION OF NCI GROUP, INC.
A SUBSIDIARY OF NCI BUILDING SYSTEMS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
AIRWAY HEIGHTS, WASHINGTON


Notice of Revised Determination
on Reconsideration

On March 24, 2017, the Department of Labor issued a Notice of
Affirmative Determination Regarding Application of Reconsideration
applicable to the workers and former workers of Garco Building
Systems, a Division of NCI Group, Inc., a subsidiary of NCI
Building Systems, Inc., including on-site leased workers of
Manpower, Airway Heights, Washington (Garco). The Department’s
Notice will soon be published in the Federal Register. Workers at
Garco are engaged in the production of low-rise pre-engineered
buildings and components for non-residential building construction,
including frames, purlins, wall panels, roof panels, and trim.
Based on findings during the reconsideration investigation,
the Department of Labor determines that firm-wide imports of
articles like or directly competitive with those produced by
Garco increased during the relevant period when compared to the
representative base period and contributed importantly to
sales/production declines and to worker separations at Garco.
Conclusion
After careful review of the facts, I determine that workers of
Garco Building Systems, Airway Heights, Washington, who were
engaged in employment related to production of low-rise pre-
engineered buildings and components for non-residential building
construction, 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 Garco Building Systems, a Division of NCI
Group, Inc., a subsidiary of NCI Building Systems, Inc.,
including on-site leased workers from Manpower, Airway
Heights, Washington, who became totally or partially separated
from employment on or after November 29, 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 3rd day of April, 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-92,453

GARCO BUILDING SYSTEMS
A DIVISION OF NCI GROUP, INC.
A SUBSIDIARY OF NCI BUILDING SYSTEMS, INC.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
AIRWAY HEIGHTS, WASHINGTON

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 5, 2017, the International
Brotherhood of Boilermakers, Local 242, requested administrative
reconsideration of the negative determination regarding workers’
eligibility to apply for worker adjustment assistance applicable to
workers and former workers of Garco Building Systems, a Division
of NCI Group, Inc., a subsidiary of NCI Building Systems, Inc.,
including on-site leased workers from Manpower, Airway Heights,
Washington (Garco). The determination was issued on February 27,
2017, and the Notice will soon be published in the Federal
Register.
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 increase in imports by the
workers’ firm or its customers, nor was there a foreign shift or
acquisition by the workers’ firm or its customers.
The request for reconsideration states that the subject firm
“has a long history . . . of outsourcing work . . . to Mexico.”
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 24th day of March, 2017

/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-92,453

GARCO BUILDING SYSTEMS
A DIVISION OF NCI GROUP, INC.
A SUBSIDIARY OF NCI BUILDING SYSTEMS, INC.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
AIRWAY HEIGHTS, WASHINGTON

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 December 1, 2016 by the International Brotherhood of
Boilmakers, Local No. 242, on behalf of workers of Garco Building
Systems, a Division of NCI Group, Inc., a subsidiary of NCI
Building Systems, Inc., Airway Heights, Washington (Garco). The
subject firm is engaged in activities related to the
manufacturing of low-rise pre-engineered buildings and
components for non-residential building construction, including
frames, purlins, wall panels, roof panels, and trim. The worker
group includes on-site leased workers from Manpower.
The petition states "Garco is in competition with a sister
plant in Monterrey, Mexico. While still operating it was not
uncommon for the plant in Mexico to supplement work from Airway
Heights facility. Garco is also in competition with prefab
builders that import their product from Canada, China, Mexico, and
South Korea." The petition included additional information and
supporting documents.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and Garco's
major declining domestic customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports, during the relevant
period, by the subject firm or its major declining domestic
customers of articles like or directly competitive with the low-
rise pre-engineered buildings and components for non-residential
building construction including frames, purlins, wall panels,
roof panels, and trim produced by the subject workers.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Garco did not shift the production of
low-rise pre-engineered buildings and components for non-
residential building construction, or like or directly
competitive articles, to a foreign country or acquire such
production from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Garco is neither a Supplier nor
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 Garco Building Systems, a
Division of NCI Group, Inc., a subsidiary of NCI Building Systems,
Inc., including on-site leased workers from Manpower, Airway
Heights, Washington, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 27th day of February 2017.

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