DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,932

TRIUMPH AEROSPACE STRUCTURES

A SUBSIDIARY OF TRIUMPH GROUPS INC.

INCLUDING ON-SITE LEASED WORKERS FROM

JOHNSON SERVICES GROUP, AEROSTRUCTURE,

CHIPTON ROSS, AND STROM AVIATION INC.

TULSA, OKLAHOMA

Notice of Revised Determination
on Reconsideration

On April 19, 2021, the Department of Labor (Department) issued
an Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of Triumph
Aerospace Structures, a subsidiary of Triumph Groups Inc.,
including on-site leased workers from Johnson Service Group,
Aerostructure, Chipton Ross, and Strom Aviation Inc., Tulsa,
Oklahoma (Triumph Aerospace Structures-Tulsa). The subject worker
group (Triumph Aerospace Structures-Tulsa) is engaged in activities
related to the production of aircraft wings.

During the reconsideration investigation, the Department
carefully reviewed previously-submitted information, the request for
reconsideration, additional information obtained from the workers'
firm and its major declining customer(s), import data of
like/directly competitive articles and finished articles containing
like/directly competitive component parts, industry reports, and
other relevant information.

The Department determines that the petitioning worker group has
met the eligibility criteria to apply for Trade Adjustment
Assistance.

Section 222(a)(1) has been met because a significant number or
proportion of the workers in Triumph Aerospace Structures-Tulsa 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 at Triumph Aerospace Structures-Tulsa have decreased
absolutely.

Section 222(a)(2)(A)(ii)(II)(aa) has been met because customer
imports of aircraft like or directly competitive with aircraft
incorporating component parts like or directly competitive with those
produced by Triumph Aerospace Structures-Tulsa have increased during
the relevant period when compared to the representative base period.
Section 222(a)(2)(A)(iii) has been met because the increased
imports contributed importantly to the worker group separations and
sales/production declines at Triumph Aerospace Structures-Tulsa.

Conclusion

After careful review of the additional information obtained
during the reconsideration investigation, I determine that workers of
Triumph Aerospace Structures-Tulsa, who are/were engaged in
activities related to the production of aircraft wings, 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 Triumph Aerospace Structures, a subsidiary of
Triumph Groups Inc., including on-site leased workers from
Johnson Service Group, Aerostructure, Chipton Ross, and Strom
Aviation Inc., Tulsa, Oklahoma who became totally or partially
separated from employment on or after May 21, 2019, 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 29th day of July, 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-95,932

TRIUMPH AEROSPACE STRUCTURES

A SUBSIDIARY OF TRIUMPH GROUPS INC.

INCLUDING ON-SITE LEASED WORKERS FROM

JOHNSON SERVICES GROUP, AEROSTRUCTURE,

CHIPTON ROSS, AND STORM AVIATION INC.

TULSA, OKLAHOMA

Notice of Affirmative Determination

Regarding Application for Reconsideration

By application dated December 12, 2020, a State Workforce
Official requested administrative reconsideration of the
Department of Labor's negative determination regarding eligibility
to apply for worker adjustment assistance, applicable to workers
and former workers of Triumph Aerospace Structures, a subsidiary
of Triumph Groups Inc., including on-site leased workers from
Johnson Service Group, Aerostructure, Chipton Ross, and Storm
Aviation Inc., Tulsa, Oklahoma or the subject firm. The denial
notice was signed on November 20, 2019, and the Notice of
Determination was published in the Federal Register on December
22, 2020 (85 FR 83620).

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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The negative determination of the Trade Adjustment Assistance
(TAA) petition filed on behalf of workers at Triumph Aerospace
Structures, a subsidiary of Triumph Groups Inc., including on-
site leased workers from Johnson Service Group, Aerostructure,
Chipton Ross, and Storm Aviation Inc., Tulsa, Oklahoma was based
on no shift in production and no company or customer imports of
aircraft wings as well as no secondary impacts of qualifying
under the ITC criteria.

In the request for reconsideration the petitioner stated that
the workers of the subject firm should be eligible for TAA because
the jobs were shifted overseas, to KAI (Korea Aerospace
Industries), in South Korea.

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 in Washington, D.C., this 19th day of April, 2021

HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,932

TRIUMPH AEROSPACE STRUCTURES
A SUBSIDIARY OF TRIUMPH GROUPS INC.
INCLUDING ON-SITE LEASED WORKERS FROM
JOHNSON SERVICES GROUP, AEROSTRUCTURE,
CHIPTON ROSS, AND STORM AVIATION INC.
TULSA, OKLAHOMA

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 May 22, 2020 by a State Workforce Office on behalf of
workers and former workers of Triumph Aerospace Structures, a
subsidiary of Triumph Groups Inc., including on-site leased
workers from Johnson Services Group, Aerostructure, Chipton
Ross, and Storm Aviation Inc., Tulsa, Oklahoma (Triumph
Aerospace Structures-Tulsa). Workers of Triumph Aerospace
Structures-Tulsa are engaged in activities related to the
production of aircraft wings. The petition alleges that worker
separations at Triumph Aerospace Structures-Tulsa are due to
customers shifting production to foreign countries.
During the course of the investigation, information was
collected from the petition, the workers' firm, and the
subject firm's major declining customer(s).
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Criterion (2)(A)(ii) has not been
met because imports of articles like or directly competitive
with aircraft wings produced by Triumph Aerospace Structures-
Tulsa have not increased during the relevant period when
compared to the representative base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Triumph Aerospace Structures-Tulsa
did not shift the production of aircraft wings, or like or
directly competitive articles, to a foreign country or acquire
such production from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Triumph Aerospace Structures-Tulsa
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 Triumph Aerospace Structures-Tulsa
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 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 Triumph Aerospace
Structures, a subsidiary of Triumph Groups Inc., including on-
site leased workers from Johnson Services Group,
Aerostructure, Chipton Ross, and Storm Aviation Inc., Tulsa,
Oklahoma to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 19th day of November 2020.

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