Denied
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TAW-93647  /  Arconic Inc. (Newbury Park, CA)

Petitioner Type: State
Impact Date:
Filed Date: 03/19/2018
Most Recent Update: 06/05/2018
Determination Date: 06/05/2018
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,647

ARCONIC INC.
FORMERLY ALCOA FASTENING SYSTEMS
FORMERLY JW MANUFACTURING DBA VAN PETTY OPERATIONS
2517 AZURITE CIRCLE
NEWBURY PARK, CALIFORNIA

TA-W-93,647A

REPUBLIC FASTENER MANUFACTURING, INC.
A FULLY-OWNED SUBSIDIARY OF ARCONIC INC.
1300 RANCHO CONEJO BOULEVARD
INCLUDING ON-SITE LEASED WORKERS FROM
HEADWAY STAFFING, KELLY, AND MANPOWER GROUP SOLUTIONS
NEWBURY PARK, CALIFORNIA

Determinations 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 three 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer." 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.

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 March 19, 2018 by a state workforce office on behalf
of workers of Arconic Inc., formerly Alcoa Fastening Systems,
formerly JW Manufacturing dba Van Petty Operations, 2517
Azurite Circle, Newbury Park, California (TA-W-93,647). The
petition was expanded to include workers of Republic Fastener
Manufacturing, Inc., a fully-owned subsidiary of Arconic Inc.,
1300 Rancho Conejo Boulevard, Newbury Park, California. The
workers' firm is engaged in activities related to the production
of bolts and fasteners. TA-W-93,647 does not include any on-
site leased workers. TA-W-93,647A includes on-site leased
workers from Headway Staffing, Kelly, and Manpower Group
Solutions.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
TA-W-93,647
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because the firm did not employ a worker group during the
relevant time period. A worker group means that the firm must
have at least three full-time workers during the year preceding
the Trade Adjustment Assistance (TAA) petition date. The
subject firm did not meet this threshold level.
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.
TA-W-93,647A
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country the production of an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Republic Fastener Manufacturing, Inc., a fully-
owned subsidiary of Arconic Inc., 1300 Rancho Conejo Boulevard,
Newbury Park, California.
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 Arconic Inc.,
formerly Alcoa Fastening Systems, formerly JW Manufacturing
dba Van Petty Operations, 2517 Azurite Circle, Newbury Park,
California (TA-W-93,647) engaged in activities related to the
production of bolts to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Additionally, after careful review of the facts obtained in
the investigation, I determine that workers of Republic Fastener
Manufacturing, Inc., a fully-owned subsidiary of Arconic Inc.,
1300 Rancho Conejo Boulevard, including on-site leased workers
from Headway Staffing, Kelly, and Manpower Group Solutions,
Newbury Park, California (TA-W-93,647A), who are engaged in
activities related to the production of fasteners 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 Republic Fastener Manufacturing, Inc., a
fully-owned subsidiary of Arconic Inc., 1300 Rancho Conejo
Boulevard, including on-site leased workers from Headway
Staffing, Kelly, and Manpower Group Solutions, Newbury
Park, California. (TA-W-93,647A), who became totally or
partially separated from employment on or after March 16,
2017 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 5th day of June 2018.

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