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TAW-94077  /  AG Processing Inc a cooperative (Sergeant Bluff, IA)

Petitioner Type: State
Impact Date: 12/28/2016
Filed Date: 08/23/2018
Most Recent Update: 09/18/2018
Determination Date: 09/18/2018
Expiration Date: 12/28/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,077

AG PROCESSING INC A COOPERATIVE
SERGEANT BLUFF, IOWA

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 August 23, 2018 by a state workforce office on behalf of
workers of Ag Processing Inc a cooperate in Sergeant Bluff, Iowa
("Ag Processing Inc"). The workers' firm is engaged in activities
related to the production of biodiesel, soybean meal, and refined
and crude soybean oil.
The investigation revealed that on December 28, 2017, the
International Trade Commission found that an 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 Ag Processing Inc. 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. The workers have become totally
or partially separated from the workers' firm within the relevant
period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ag Processing Inc a
cooperate, Sergeant Bluff, Iowa, engaged in activities related to
the production of biodiesel, soybean meal, and refined and crude
soybean oil 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 Ag Processing Inc a cooperative, Sergeant
Bluff, Iowa, 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 18th day of September 2018.

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