Petitioner Type: State
Impact Date: 12/17/2018
Filed Date: 12/18/2019
Most Recent Update: 01/27/2021
Determination Date: 01/27/2021
Expiration Date: 01/27/2023
Employment and Training Administration
TA-W-95,488
ACF INDUSTRIES, LLC
A WHOLLY OWNED SUBSIDIARY OF STARFIRE HOLDING CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM WORKFORCE TEMPS
MILTON, PENNSYLVANIA
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(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm 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.
The investigation was initiated in response to a petition
filed on December 18, 2019 by the Commonwealth of Pennsylvania
on behalf of workers and former workers of ACF Industries, LLC,
a wholly owned subsidiary of Starfire Holding Corporation,
Milton, Pennsylvania (ACF-Milton). The workers' firm is engaged
in the production of railcars, railcar parts, pressure vessels,
component parts and the related supply of railcar repair
services. Workers are not separately identifiable by article
produced or the service supplied. The worker group includes on-
site leased workers from WorkForce Temps.
During the course of the investigation, information was
collected from the petition, the workers' firm, other federal
agencies, and public sources.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at ACF"“Milton have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2)(A)(i) has been met because ACF-Milton
sales and/or production has decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with those produced by
ACF-Milton have increased during the relevant period when
compared to the representative base period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales declines at ACF-Milton.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ACF-Milton 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 ACF Industries, LLC, a wholly owned
subsidiary of Starfire Holding Corporation, including on-
site leased workers from WorkForce Temps, Milton,
Pennsylvania, who became totally or partially separated from
employment on or after December 17, 2018 through two years
from the date of certification, and all workers in the group
threatened with total or partial separation from employment
on the 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 27th day of January, 2021
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance