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TAW-93830  /  American Biodiesel, Inc., doing business as Community Fuels (Stockton, CA)

Petitioner Type: State
Impact Date: 12/28/2016
Filed Date: 05/22/2018
Most Recent Update: 06/19/2018
Determination Date: 06/19/2018
Expiration Date: 12/28/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,830

AMERICAN BIODIESEL, INC., DOING BUSINESS AS COMMUNITY FUELS
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
STOCKTON, CALIFORNIA

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(e) of the Act, 19 U.S.C. § 2272(e), are
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 (B) or (C) of paragraph (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 May 22, 2018 by a state workforce office on behalf of
workers of American Biodiesel, Inc., doing business as
Community Fuels, including on-site leased workers from
Aerotek, Stockton, California ("American Biodiesel"). The
workers' firm is engaged in activities related to the production
of biodiesel, glycerin and their terminal services.
The investigation revealed that on December 28, 2017, the
International Trade Commission found the International Trade
Commission found that a domestic industry in the United States
is materially injured by reason of imports of biodiesel from
Argentina and Indonesia. A petition has been filed on behalf of
workers of American Biodiesel. That firm was 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). In addition, that determination
was published in the Federal Register on December 28, 2017,
which is within one year of the date of the petition filed
requesting Trade Adjustment Assistance (TAA) Certification.
Lastly, workers were totally or partially separated within the
relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of American Biodiesel,
Inc., doing business as Community Fuels, including on-site
leased workers from Aerotek, Stockton, California, engaged in
activities related to the production of biodiesel, glycerin and
their terminal services meet the requirements of Section 222(e)
of the Act. In accordance with Section 223 of the Act, I make
the following certification:







"All workers of American Biodiesel, Inc., doing business
as Community Fuels, including on-site leased workers from
Aerotek, Stockton, California, who became totally or
partially separated from that employment on or after
December 28, 2016, through the date of the certification
and who become totally or partially separated from that
employment from the date of the certification through
December 28, 2018, 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 19th day of June 2018.

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