DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,132

REC SOLAR GRADE SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF REC SILICON INC.
INCLUDING ON-SITE LEASED WORKERS FROM
NEMO IT SOLUTIONS AND SAFWAY
MOSES LAKE, WASHINGTON

Amended 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 issued a
Certification of Eligibility to Apply for Worker Adjustment
Assistance on April 18, 2019, applicable to workers of REC Solar
Grade Silicon LLC, a wholly owned subsidiary of REC Silicon Inc.,
including on-site leased workers from NEMO IT Solutions, Moses
Lake, Washington.
At the request of a state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
granular polysilicon.
The company reports that workers leased from Safway were
employed on-site at the Moses Lake, Washington location of REC
Solar Grade Silicon LLC, a wholly owned subsidiary of REC
Silicon Inc. The Department has determined that these workers
were sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Safway working on-
site at the Moses Lake, Washington location of REC Solar Grade
Silicon LLC, a wholly owned subsidiary of REC Silicon Inc.
The amended notice applicable to TA-W-94,132 is hereby issued as
follows:
"All workers of REC Solar Grade Silicon LLC, a wholly
owned subsidiary of REC Silicon Inc., including on-
site leased workers from Nemo IT Solutions and Safway,
Moses Lake, Washington who became totally or partially
separated from employment on or after October 19,
2018, through April 18, 2021, and all workers in the
group threatened with total or partial separation from
employment on April 18, 2019 through April 18, 2021,
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 20th day of September, 2019.

/s/Jessica R. Webster
__________________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,132

REC SOLAR GRADE SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF REC SILICON INC.
INCLUDING ON-SITE LEASED WORKERS FROM
NEMO IT SOLUTIONS
MOSES LAKE, WASHINGTON

Notice of Revised Determination
on Reconsideration

On March 11, 2019, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of REC Solar Grade Silicon LLC,
a wholly owned subsidiary of REC Silicon Inc., including on-site
leased workers from NEMO IT Solutions, Moses Lake, Washington
(hereafter referred to as “REC Solar Grade Silicon LLC” or “the
subject firm”). The subject group is engaged in activities related
to the production of granular polysilicon.
The subject firm was previously certified eligible to apply
for Trade Adjustment Assistance (TAA) under TA-W-91,121
(certification expired on October 18, 2018).
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation. Specifically, the
request for reconsideration included new information and
allegations regarding a shift in production to a foreign country
and increased imports into the U.S.
Based on information previously collected and new information
collected during the reconsideration investigation, the
investigation revealed that the workers’ firm shifted a portion of
production of articles like or directly competitive with the
articles produced by the workers of the subject firm to a foreign
country.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in REC Solar Grade Silicon LLC 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 a portion of the production of
granular polysilicon like or directly competitive with the
articles produced by the workers of the subject firm which
contributed importantly to worker group separations at REC Solar
Grade Silicon LLC.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of REC Solar Grade
Silicon LLC, who are engaged in activities related to the
production of granular polysilicon, 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 REC Solar Grade Silicon LLC, a wholly owned
subsidiary of REC Silicon Inc., including on-site leased
workers from NEMO IT Solutions, Moses Lake, Washington who
became totally or partially separated from employment on or
after October 19, 2018, 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 18th day of April, 2019


/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,132

REC SOLAR GRADE SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF REC SILICON INC.
INCLUDING ON-SITE LEASED WORKERS FROM
NEMO IT SOLUTIONS
MOSES LAKE, WASHINGTON

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated February 14, 2019, a company official
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
REC Solar Grade Silicon LLC, a wholly owned subsidiary of REC
Silicon Inc., including on-site leased workers from NEMO IT
Solutions, Moses Lake, Washington.
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 initial investigation resulted in a negative determination
based on the findings that Criterion (2)(A)(ii) has not been met
because firm imports of articles like or directly competitive with
the granular polysilicon produced by REC Solar Grade Silicon LLC
have not increased during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that REC Solar Grade Silicon LLC did not
shift the production of granular polysilicon, or a like or
directly competitive article, to a foreign country or acquire the
such production from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that REC Solar Grade Silicon LLC is
neither a Supplier nor 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 because Criterion (1)
has not been met since the workers’ firm has not been publicly
identified by name by the ITC 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.
The request for reconsideration includes new information
and allegations regarding a shift in production to a foreign
country and increased imports into the U.S.
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, as amended.
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.
Signed at Washington, D.C., this 11th day of March, 2019


/s/Del-Min Amy Chen
_______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,132

REC SOLAR GRADE SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF REC SILICON INC.
INCLUDING ON-SITE LEASED WORKERS FROM
NEMO IT SOLUTIONS
MOSES LAKE, WASHINGTON

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 (ITC) 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 September 14, 2018 by a State Workforce Office on behalf
of workers of REC Solar Grade Silicon LLC, a wholly owned
subsidiary of REC Silicon Inc., including on-site leased workers
from NEMO IT Solutions, Moses Lake, Washington (REC Solar Grade
Silicon LLC). The workers' firm is engaged in activities related
to the production of granular polysilicon.
The petition states "REC Silicon was certified for TAA
benefits in February 2016. Several employees effected by layoffs
due to foreign competition during this period of time, accepted
temporary assignment at other REC Silicon facilities. These
affected workers jobs have been eliminated and are due to return
to the Moses Lake plant where they will be laid off."
During the course of the investigation, information was
collected from the petitioner and workers' firm. The Department
did not conduct a customer survey because the customers are
located outside the United States.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not been
met because firm imports of articles like or directly competitive
with the granular polysilicon produced by REC Solar Grade Silicon
LLC have not increased during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that REC Solar Grade Silicon LLC did not
shift the production of granular polysilicon, or a like or
directly competitive article, to a foreign country or acquire
the such production from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that REC Solar Grade Silicon LLC is
neither a Supplier nor 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 because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the ITC 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 REC Solar Grade Silicon LLC,
a wholly owned subsidiary of REC Silicon Inc., including on-site
leased workers from NEMO IT Solutions, Moses Lake, Washington,
to apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 9th day of January 2019.

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance