DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,469

SHOPKO STORES OPERATING CO., LLC
A SUBSIDIARY OF SHOPKO HOLDING COMPANY, LLC
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO AND KFORCE
700 PILGRIM WAY
GREEN BAY, WISCONSIN

TA-W-94,469A

SHOPKO
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
601 GALVIN ROAD SOUTH
BELLEVUE, NEBRASKA

TA-W-94,469B

SHOPKO
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
4200 SOUTH 27TH STREET
LINCOLN, NEBRASKA

TA-W-94,469C

SHOPKO
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
100 SOUTH 66TH STREET
LINCOLN, NEBRASKA

TA-W-94,469D

SHOPKO
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
3400 NORTH 27TH STREET
LINCOLN, NEBRASKA



TA-W-94,469E

SHOPKO
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
6845 SOUTH 27TH STREET
LINCOLN, NEBRASKA

TA-W-94,469F

SHOPKO HOMETOWN
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
133 TROTTER AVENUE
ORD, NEBRASKA

TA-W-94,469G

SHOPKO HOMETOWN
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
211 SOUTH 23RD STREET
PLATTSMOUTH, NEBRASKA

TA-W-94,469H

SHOPKO HOMETOWN
A SUBSIDIARY OF SHOPKO STORES OPERATING CO., LLC
SHOPKO HOLDING COMPANY, LLC
1217 SOUTH HIGHWAY 71
KIMBALL, NEBRASKA

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 January 18, 2019, by a state workforce office on
behalf of workers of ShopKo Stores Operating Co., LLC, a
subsidiary of ShopKo Holding Company, LLC, including on-site
leased workers from Adecco and Kforce, 700 Pilgrim Way, Green
Bay, Wisconsin (TA-W-94,469); ShopKo, a subsidiary of ShopKo
Stores Operating Co., LLC, ShopKo Holding Company, LLC, 601
Galvin Road South, Bellevue, Nebraska (TA-W-94,469A); ShopKo, a
subsidiary of ShopKo Stores Operating Co., LLC, ShopKo Holding
Company, LLC, 4200 South 27th Street, Lincoln, Nebraska (TA-W-
94,469B); ShopKo, a subsidiary of ShopKo Stores Operating Co.,
LLC, ShopKo Holding Company, LLC, 100 South 66th Street,
Lincoln, Nebraska (TA-W-94,469C); ShopKo, a subsidiary of
ShopKo Stores Operating Co., LLC, ShopKo Holding Company, LLC,
3400 North 27th Street, Lincoln, Nebraska (TA-W-94,469D);
ShopKo, a subsidiary of ShopKo Stores Operating Co., LLC,
ShopKo Holding Company, LLC, 6845 South 27th Street, Lincoln,
Nebraska (TA-W-94,469E); ShopKo Hometown, a subsidiary of
ShopKo Stores Operating Co., LLC, ShopKo Holding Company, LLC,
133 Trotter Avenue, Ord, Nebraska (TA-W-94,469F); ShopKo
Hometown, a subsidiary of ShopKo Stores Operating Co., LLC,
ShopKo Holding Company, LLC, 211 South 23rd Street,
Plattsmouth, Nebraska (TA-W-94,469G); and ShopKo Hometown, a
subsidiary of ShopKo Stores Operating Co., LLC, ShopKo Holding
Company, LLC, 1217 South Highway 71, Kimball, Nebraska (TA-W-
94,469H), herein referred to as "ShopKo Stores Operating Co.,
LLC".
The workers' firm is engaged in activities related to the
supply of general merchandise retail services. The subject
firm's location in Green Bay, Wisconsin (TA-W-94,469) is the
corporate headquarters. All eight locations (TA-W-94,469A
through TA-W-94,469H) in the State of Nebraska are retail
stores. The firm's retail stores offer an assortment of name
brand and private brand merchandise including clothing and
accessories, electronics, and home furnishings, as well as
pharmacy and optical services departments.
The petitioner alleged the subject firm filed for
bankruptcy due to competitive pressures of various online and
international businesses.
During the course of the investigation, information was
collected from the petitioner and workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports did not increase. Imports
of services like or directly competitive to merchandise retail
services were not reported in 2017 or 2018.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
merchandise retail services or like or directly competitive
services to a foreign country or acquire merchandise retail
services or like or directly competitive services from a
foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that ShopKo Stores Operating Co., LLC
is not 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that ShopKo Stores Operating Co., LLC
does not act as 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 either 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 ShopKo Stores
Operating Co., LLC, a subsidiary of ShopKo Holding Company,
LLC, including on-site leased workers from Adecco and Kforce,
700 Pilgrim Way, Green Bay, Wisconsin (TA-W-94,469); ShopKo, a
subsidiary of ShopKo Stores Operating Co., LLC, ShopKo Holding
Company, LLC, 601 Galvin Road South, Bellevue, Nebraska (TA-W-
94,469A); ShopKo, a subsidiary of ShopKo Stores Operating Co.,
LLC, ShopKo Holding Company, LLC, 4200 South 27th Street,
Lincoln, Nebraska (TA-W-94,469B); ShopKo, a subsidiary of
ShopKo Stores Operating Co., LLC, ShopKo Holding Company, LLC,
100 South 66th Street, Lincoln, Nebraska (TA-W-94,469C);
ShopKo, a subsidiary of ShopKo Stores Operating Co., LLC,
ShopKo Holding Company, LLC, 3400 North 27th Street, Lincoln,
Nebraska (TA-W-94,469D); ShopKo, a subsidiary of ShopKo Stores
Operating Co., LLC, ShopKo Holding Company, LLC, 6845 South
27th Street, Lincoln, Nebraska (TA-W-94,469E); ShopKo Hometown,
a subsidiary of ShopKo Stores Operating Co., LLC, ShopKo
Holding Company, LLC, 133 Trotter Avenue, Ord, Nebraska (TA-W-
94,469F); ShopKo Hometown, a subsidiary of ShopKo Stores
Operating Co., LLC, ShopKo Holding Company, LLC, 211 South 23rd
Street, Plattsmouth, Nebraska (TA-W-94,469G); and ShopKo
Hometown, a subsidiary of ShopKo Stores Operating Co., LLC,
ShopKo Holding Company, LLC, 1217 South Highway 71, Kimball,
Nebraska (TA-W-94,469H), engaged in activities related to the
supply of merchandise retail services, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 24th day of February 2019.

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