Petitioner Type: State
Impact Date: 01/13/2016
Filed Date: 01/17/2017
Most Recent Update: 01/09/2019
Determination Date: 01/09/2019
Expiration Date: 01/09/2021
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,554
SKIVA GRAPHICS SCREEN
CARLSBAD, CALIFORNIA
Notice of Revised Determination
on Reconsideration
On December 27, 2017, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Skiva Graphics Screen,
Carlsbad, California (Skiva Graphics). The Department’s Notice of
Affirmative Determination was published in the Federal Register on
October 22, 2018 (83 FR 53301). Workers of Shiva Graphics were
engaged in employment related to the production of screen printing
and apparel, printed graphics, and decal stickers.
Based on additional information obtained during the
reconsideration investigation, the Department determines that the
worker group has met the certification criteria of Section 222(a).
Section 222(a)(1) has been met because a significant number or
proportion of the workers in Skiva Graphics have become totally or
partially separated, or are threatened with such separation.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production at Skiva Graphics have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because aggregate
imports of articles like or directly competitive with those
produced by Skiva Graphics have increased during the relevant
period when compared to the representative base period.
Section 222(a)(2)(A)(iii) has been met because increased
imports contributed importantly to the worker group separations and
sales/production declines at Skiva Graphics.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Skiva Graphics, who were
engaged in employment related to the production of screen printing
and apparel, printed graphics, and decal stickers, 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 Skiva Graphics Screen, Carlsbad, California who
became totally or partially separated from employment on or after
January 13, 2016, 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 9th day of January, 2019
/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-92,554
SKIVA GRAPHICS SCREEN
CARLSBAD, CALIFORNIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
On October 31, 2017, at the request of the petitioner, the
Department of Labor terminated the investigation of Skiva Graphics
Screen, Carlsbad, California. The Department of Labor has
subsequently received information that the information relied upon
by the petitioner may have been erroneous.
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 Department of Labor has carefully reviewed the new
information 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 27th day of December, 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- 92,554
SKIVA GRAPHICS SCREEN
CARLSBAD, CALIFORNIA
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended,
an investigation was initiated in response to a petition filed on
January 17, 2017 by the State of California on behalf of workers of
Skiva Graphics Screen, Carlsbad, California.
The petitioner has requested that the petition be withdrawn.
Consequently, the investigation has been terminated.
Signed in Washington, D.C. this 31st day of October 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-92,554
SKIVA GRAPHICS SCREEN
CARLSBAD, CALIFORNIA
Notice of Revised Determination
on Reconsideration
On December 27, 2017, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Skiva Graphics Screen,
Carlsbad, California (Skiva Graphics). The Department’s Notice of
Affirmative Determination was published in the Federal Register on
October 22, 2018 (83 FR 53301). Workers of Shiva Graphics were
engaged in employment related to the production of screen printing
and apparel, printed graphics, and decal stickers.
Based on additional information obtained during the
reconsideration investigation, the Department determines that the
worker group has met the certification criteria of Section 222(a).
Section 222(a)(1) has been met because a significant number or
proportion of the workers in Skiva Graphics have become totally or
partially separated, or are threatened with such separation.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production at Skiva Graphics have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because aggregate
imports of articles like or directly competitive with those
produced by Skiva Graphics have increased during the relevant
period when compared to the representative base period.
Section 222(a)(2)(A)(iii) has been met because increased
imports contributed importantly to the worker group separations and
sales/production declines at Skiva Graphics.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Skiva Graphics, who were
engaged in employment related to the production of screen printing
and apparel, printed graphics, and decal stickers, 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 Skiva Graphics Screen, Carlsbad, California who
became totally or partially separated from employment on or after
January 13, 2016, 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 9th day of January, 2019
/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-92,554
SKIVA GRAPHICS SCREEN
CARLSBAD, CALIFORNIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
On October 31, 2017, at the request of the petitioner, the
Department of Labor terminated the investigation of Skiva Graphics
Screen, Carlsbad, California. The Department of Labor has
subsequently received information that the information relied upon
by the petitioner may have been erroneous.
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 Department of Labor has carefully reviewed the new
information 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 27th day of December, 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- 92,554
SKIVA GRAPHICS SCREEN
CARLSBAD, CALIFORNIA
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended,
an investigation was initiated in response to a petition filed on
January 17, 2017 by the State of California on behalf of workers of
Skiva Graphics Screen, Carlsbad, California.
The petitioner has requested that the petition be withdrawn.
Consequently, the investigation has been terminated.
Signed in Washington, D.C. this 31st day of October 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance