DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,507

HALLIBURTON ENERGY SERVICES, INC.
ARTIFICIAL LIFT PRODUCT SERVICE LINE
TULSA, OKLAHOMA

Notice of Negative Determination
Regarding Application for Reconsideration
By application dated September 11, 2017, a worker requested
administrative reconsideration of the Department of Labor's
negative determination regarding eligibility to apply for worker
adjustment assistance, applicable to workers and former workers
of Halliburton Energy Services, Inc., Artificial Lift Product
Service Line, Tulsa, Oklahoma (“Halliburton Energy Services,
Inc., Artificial Lift Product Service Line”). The notice was
published within the Federal Register on September 28, 2017 (82
FR 45312).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination of the Trade Adjustment
Assistance (TAA) petition filed on behalf of workers at
Halliburton Energy Services, Inc., Artificial Lift Product
Service Line was based on no shift in production to a foreign
country, no acquisition of articles from a foreign country, no
imports of articles or like or directly competitive articles;
no secondary worker impacts, and the firm not being named in a
affirmative finding by the United States International Trade
Commission.
In the request for reconsideration the petitioner states
that the workers of the subject firm should be eligible for
Trade Adjustment Assistance because workers were impacted by
increases in imports of whole goods from China.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
Based on these findings, the Department determines that 29 CFR
90.18(c) has not been met.
Conclusion
After careful review of the application and investigative
findings, I conclude that there has been no error or
misinterpretation of the law or of the facts which would justify
reconsideration of the Department of Labor's prior decision.
Accordingly, the application is denied.
Signed in Washington, D.C., this 8th day of March, 2018.


_/s/ Hope D. Kinglock___________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,507

HALLIBURTON ENERGY SERVICES, INC.
ARTIFICIAL LIFT PRODUCT SERVICE LINE
TULSA, OKLAHOMA

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 27, 2016 by a state workforce office on
behalf of workers of Halliburton Energy Services, Inc.,
Artificial Lift Product Service Line, Tulsa, Oklahoma (herein
referred to as "Halliburton Energy Services, Inc., Artificial
Lift Product Service Line"). The workers' firm is engaged in
activities related to the production of artificial lift product
service line. Specifically, the workers the subject of the
investigation is a sales group for Halliburton's artificial
lift product service line. The workers at Halliburton are
separately identifiable by services supplied and products
produce.
The workers alleged that, "Seeking amendment to petition
number 91559 A-D to include Business Development Department.
Due to decrease demand, cost and outsourcing throughout the US
Halliburton is cost cutting and reducing workforce in multiple
locations."
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and the
major declining customer(s) of the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of artificial lift product
service line sales services did not increase in 2014, 2015, or
during the period of January thru November 2016. The firm did
not import sales services. Furthermore, a survey of the
firm's major declining customer(s) of artificial lift product
service line revealed no imports of articles like or directly
competitive to the artificial life product service line
produced by the firm. Regarding the petitioner's allegation,
the workers' firm/worker group supplies separate
products/services to a different set of customers than that of
the worker groups who were certified eligible to apply for
Trade Adjustment Assistance under petition numbers TA-W-91,559
A-D.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
artificial lift product service line sales services or a like
or directly competitive service to a foreign country or
acquire artificial lift product service line sales services or
a like or directly competitive service from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Halliburton Energy Services, Inc.,
Artificial Lift Product Service Line is not a Supplier or acts
as 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 Halliburton Energy
Services, Inc., Artificial Lift Product Service Line, Tulsa,
Oklahoma engaged in activities related to the production
artificial lift product service line by providing sales
services, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 10th day of August 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance