DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,738

PRECISION ALUMINUM, INC.

WADSWORTH, OHIO

Notice of Revised Determination
on Reconsideration

On August 11, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of Precision
Aluminum, Inc., Wadsworth, Ohio. The notice was published in the
Federal Register on Thursday, October 1, 2020 (85 FR 61990).

Note: A petition for Trade Adjustment Assistance was
certified on behalf of workers of Precision Aluminum, Inc.,
Wadsworth, Ohio on February 7, 2021 (TA-W-96,660). The
certification covered workers separated, or threatened with worker
separations, on or after December 31, 2019 through February 7,
2023.

To support the request for reconsideration, the petitioner
supplied additional information, to supplement that which was
gathered during the initial investigation. All information was
analyzed and the following was determined:

Section 222(a)(1) has been met because 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.

Section 222(a)(2)(A)(i) has been met because the sales and/or
production of aluminum tire castings by Precision Aluminum, Inc.,
have decreased absolutely.

Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the article
produced by Precision Aluminum, Inc., have increased.

Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the worker
group separations and sales/production declines at Precision
Aluminum, Inc., Wadsworth, Ohio.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of Precision Aluminum,
Inc., Wadsworth, Ohio, who were engaged in employment related to
the production of aluminum tire castings, 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 Precision Aluminum, Inc., Wadsworth, Ohio
who became totally or partially separated from employment on
or after February 25, 2019, through December 31, 2019, 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 30th day of June, 2022



HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,738

PRECISION ALUMINUM, INC.
WADSWORTH, OHIO

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 15, 2020, a State Workforce Office,
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Precision Aluminum, Inc., Wadsworth, Ohio. Worker of Precision
Aluminum, Inc., Wadsworth, Ohio are engaged in activities related
to the production of aluminum tire castings. The determination
was issued on March 18, 2020 and the Notice of Determination was
published in the Federal Register on April 22, 2020 (85 FR 22455).
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 negative determination was based on the Department’s
findings that the worker’s firm did not experience significant
worker separations during the period under investigation.
The request for reconsideration asserts that significant
worker separations did occur as well as total separation from
employment.
The Department 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 August, 2020

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

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,738

PRECISION ALUMINUM, INC.
WADSWORTH, OHIO

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 three 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer." 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.

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 February 26, 2020, by a state workforce office on behalf
of workers of Precision Aluminum, Inc., Wadsworth, Ohio
(Precision Aluminum). The subject firm is engaged in activities
related to the production of aluminum tire castings. The
petition states "Manufacturing of aluminum tire molds is moving to
China."
During the course of the investigation, information was
collected from the petition and the workers' firm.
With respect to Section 222(a), Section 222(c), and Section
(e) of the Act, the investigation revealed that, during the
relevant period, a significant number or proportion of workers of
Precision Aluminum were not totally or partially separated, or
threatened with such separation. A significant number or
proportion means at least three workers in an work force of fewer
than fifty workers or five percent in a work force or fifty
workers, whichever is fewer, in a work force of at least fifty
workers. 29 CFR 90.2 In the case at hand, fewer than three workers
were totally or partially separated from Precision Aluminum, or
threatened with such separation.
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 workers of Precision
Aluminum, Inc., Wadsworth, Ohio, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. this 18th day of March 2020.

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