Certified
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TAW-94204  /  Hero BX Alabama LLC (Moundville, AL)

Petitioner Type: State
Impact Date: 12/28/2016
Filed Date: 10/05/2018
Most Recent Update: 12/07/2018
Determination Date: 12/07/2018
Expiration Date: 12/28/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,204

HERO BX ALABAMA LLC
A SUBSIDIARY OF BLACK INTERESTS LP
MOUNDVILLE, ALABAMA

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 October 5, 2018 by a state workforce office on behalf of workers
of Hero BX, Alabama LLC, a subsidiary of Black Interests LP,
Moundville, Alabama. The workers' firm is engaged in activities
related to the production of biodiesel fuel.
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 Hero BX. 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 Hero BX, Alabama LLC, a
subsidiary of Black Interests LP, Moundville, Alabama who are
engaged in activities related to the production of biodiesel fuel
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 Hero BX, Alabama LLC, a subsidiary of Black
Interests LP, Moundville, Alabama, 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 7th day of December 2018.

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