DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,181

JET AVIATION ST. LOUIS, INC.

INCLUDING ON-SITE LEASED WORKERS FROM JET PROFESSIONALS, LLC

CAHOKIA, ILLINOIS

Notice of Revised Determination
on Reconsideration

On November 25, 2019, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
applicable to workers of Jet Aviation St. Louis, Inc., including
on-site leased workers from Jet Professionals, LLC, Cahokia,
Illinois (Jet Aviation). Jet Aviation is engaged in activities
related to the supply of operational and administrative support
services to the business jet aircraft industry.

Based on a careful review of the petition, previously submitted
information, the request for reconsideration, and additional
information obtained during the reconsideration investigation, the
Department determines that the subject worker group has met the
criteria under Section 222(b) of the Trade Act, as amended.

Section 222(b) has been met because a significant number or
proportion of the workers at Jet Aviation have become totally or
partially separated, or are threatened to become totally or partially
separated; Jet Aviation is 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), and such supply is
related to the service that was the basis for such certification;
and the loss of business with the afore-referenced firm contributed
importantly to worker separations at Jet Aviation.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of Jet Aviation meet the
worker group certification criteria under Section 222(b) 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 Jet Aviation St. Louis, Inc., including on-
site leased workers from Jet Professionals, LLC, Cahokia,
Illinois who became totally or partially separated from
employment on or after September 27, 2017, 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 21st day of January, 2021

/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-94,181

JET AVIATION ST. LOUIS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM JET PROFESSIONALS, LLC
CAHOKIA, ILLINOIS

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 27, 2019, a former worker,
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Jet Aviation St. Louis, Inc., Sauget, Illinois. The determination
was issued on February 21, 2019 and the Notice of Determination was
published in the Federal Register on March 21, 2019 (84 FR 10546).
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 request for reconsideration asserts that the workers of
the subject firm should be eligible for TAA because workers were
impacted by increased imports of services and a shift of services
by an affiliate to Canada. In addition, the petitioning former
worker stated that the Department had mischaracterized the worker
group in question.
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.
Signed at Washington, D.C., this 5th day of November, 2019

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

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,181

JET AVIATION ST. LOUIS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM JET PROFESSIONALS, LLC
CAHOKIA, ILLINOIS

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 September 28, 2018 by the state workforce office on
behalf of workers of Jet Aviation St. Louis, Inc., Cahokia,
Illinois (Jet Aviation-Cahokia). The workers' firm is engaged
in activities related to the supply of line services (including
fixed base operations such as aircraft handling, refueling,
and maintenance) and customer service (including reservation
assistance for crew and reservation and billing services for
passengers). Workers are separately identifiable by service
supplied: line services or customer service .
The subject worker group includes on-site leased workers
from Jet Professionals, LLC.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that firm imports of services like or
directly competitive with the line services or customer
service supplied by Jet Aviation-Cahokia have not increased
during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Jet Aviation-Cahokia did not shift
the supply of line services or customer service, or like or
directly competitive services, to a foreign country or acquire
the supply of such services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Jet Aviation-Cahokia is not 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).
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 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 Jet Aviation St.
Louis, Inc., including on-site leased workers from Jet
Professionals, LLC, Cahokia, Illinois, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 21st day of February 2019.

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