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TAW-92817  /  Swartfager Welding Inc. (Knox, PA)

Petitioner Type: State
Impact Date: 04/11/2016
Filed Date: 04/12/2017
Most Recent Update: 08/07/2017
Determination Date: 08/07/2017
Expiration Date: 08/07/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,817

SWARTFAGER WELDING INC.
KNOX, PENNSYLVANIA

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(b) of the Act, 19 U.S.C. § 2272(b), can be satisfied if
the following criteria are 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
term "Supplier" as "a firm that produces and supplies directly to
another firm component parts for articles, or services used in the
production of articles or in the supply of services, as the case
may be, that were the basis for a certification of eligibility
under subsection (a) [of Section 222 of the Act] of a group of
workers employed by such other firm."
The investigation was initiated in response to a petition
filed on April 12, 2017 by a state workforce office on behalf of
workers of Swartfager Welding Inc., Knox, Pennsylvania
(Swartfager). Swartfager is engaged in activities related to the
production of piping, weldments, structural steel components, and
machined parts (component parts).
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(b)(1) has been met because a significant number
or proportion of the workers in Swartfager have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(b)(2) has been met because Swartfager is a
Supplier 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 is related to the finished
article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the component parts
produced by Swartfager for a firm that employed a certified
worker group accounted for at least 20 percent of the production
or sales of Swartfager Welding Inc., Knox, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Swartfager Welding Inc.,
Knox, Pennsylvania, who are engaged in activities related to the
production of component parts, meet the worker group certification
criteria under Section 222(b) of the Act, 19 U.S.C. § 2272(b). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
"All workers of Swartfager Welding Inc., Knox, Pennsylvania,
who became totally or partially separated from employment on
or after April 11, 2016 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 7th day of August 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance