DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,064

LOCKE INSULATORS, INC.
A SUBSIDIARY OF NGK NORTH AMERICA, INC.
BALTIMORE, MARYLAND

Notice of Revised Determination
on Reconsideration

On February 7, 2018, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Locke Insulators, Inc., a
subsidiary of NGK North America, Inc., Baltimore, Maryland
(“Locke Insulators, Inc.”). The notice was published in the
Federal Register on October 22, 2018 (83 FR 53301).
The initial investigation resulted in a negative determination
based on no shift in production, no increasing imports, no
secondary impact, no International Trade Commission serious or
material injury impact.
In the request for reconsideration, The United Electrical,
Radio and Machine Workers of America (UE) made claims that
affiliates of Locke Insulators, Inc., were importing like or
directly competitive products from China, Japan and India, among
other foreign locations. The UE also mentioned that the location
was previously certified for Trade Adjustment Assistance on
September 29, 1999, under TA-W-36,383. The UE also cited a Locke
Insulators, Inc., press release stating that the customer base
would be absorbed by foreign affiliates.
Based on the information provided during the reconsideration
investigation, the Department determines that the criteria for
certification under section 222(a) of the Trade Act of 1974, as
amended was satisfied. A significant number or proportion of
workers were separated or threatened with worker separation. The
workers’ firm shifted to a foreign country the production of
articles like or directly competitive to the articles produced by
the workers firm. The shift in production contributed importantly
to worker separations.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Locke Insulators,
Inc., a subsidiary of NGK North America, Inc., Baltimore,
Maryland, who were engaged in activities related to the production
of high-voltage, porcelain station post insulators used primarily
by electric utilities, 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 Locke Insulators, Inc., a subsidiary of NGK
North America, Inc., Baltimore, Maryland who became totally
or partially separated from employment on or after August 4,
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 2nd day of April, 2019.

/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,064

LOCKE INSULATORS, INC.
A SUBSIDIARY OF NGK NORTH AMERICA, INC.
BALTIMORE, MARYLAND

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated October 5, 2017, the United Electrical,
Radio and Machine Workers of America (UE) 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 Locke Insulators,
Inc., a subsidiary of NGK North America, Inc., Baltimore,
Maryland (“Locke Insulators, Inc.”). The notice was published
within the Federal Register on October 6, 2017 (82 FR 46835).
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 negative determination of the Trade Adjustment Assistance
(“TAA”) petition filed on behalf of workers at Locke Insulators,
Inc., a subsidiary of NGK North America, Inc., Baltimore,
Maryland was based on no shifts in production to a foreign
country, no acquisition of articles from a foreign country, no
increases in imports of 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 stated that
the workers of the subject firm should be eligible for TAA because
workers were impacted by subject firm imports of articles.
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.
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.
thSigned at Washington, D.C., this 7th day of February, 2018.

/s/ Hope D. Kinglock
_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,064

LOCKE INSULATORS, INC.
A SUBSIDIARY OF NGK NORTH AMERICA, INC.
BALTIMORE, MARYLAND

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 August 7, 2017, by an authorized representative on
behalf of workers of Locke Insulators, Inc., a subsidiary of
NGK North America, Inc., Baltimore, Maryland ("Locke
Insulators, Inc."). The workers' firm is engaged in activities
related to the production of high-voltage, porcelain station
post insulators used primarily by electric utilities. Workers
at the subject firm are not separately identifiable by the
article produced.
The petitioner alleged that the subject firm is closing is
due to decreased demand for its insulators due to lower cost,
imported porcelain insulators.
During the course of the investigation, information was
collected from the workers' firm, the petitioner, 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 articles like or
directly competitive to what the workers' firm produced did
not increase. Imports were declining absolute and relative to
workers' firm production looking from 2015 through January
through July 2017. Furthermore, a survey of the workers' firm
major declining customer(s) revealed decreased imports of
articles like or directly competitive to what the workers'
firm produced. The workers' firm did not produce a component
part thus preventing a look at their customers' customers.
Imports of finished articles containing like or directly
competitive components parts could not be considered.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of high-voltage, porcelain station post insulators or
a like or directly competitive article to a foreign country,
or acquire high-voltage, porcelain station post insulators or a
like or directly competitive article from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Locke Insulators, Inc. is not 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Locke Insulators, Inc. does not
act 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 Locke Insulators,
Inc., a subsidiary of NGK North America, Inc., Baltimore,
Maryland, engaged in activities related to the production of
high-voltage, porcelain station post insulators, to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 14th day of September 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance