Petitioner Type: Company
Impact Date: 06/19/2019
Filed Date: 06/22/2020
Most Recent Update: 06/30/2020
Determination Date: 06/30/2020
Expiration Date: 06/30/2022
Employment and Training Administration
TA-W-96,007
NIKKI AMERICA FUEL SYSTEMS, LLC
A SUBSIDIARY OF NIKKI AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM SURGE STAFFING
AUBURN, 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(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;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on June 22, 2020 by a company official on behalf of
workers of Nikki America Fuel Systems, LLC, a subsidiary of
Nikki America, Inc., including on-site leased workers from Surge
Staffing, Auburn, Alabama (Nikki America Fuel Systems). The
workers' firm is engaged in activities related to the production
of carburetors primarily used in the lawn and garden industry.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Nikki America Fuel
Systems have become totally or partially separated, or are
threatened to become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country the production of an
article like or directly competitive with the carburetors
produced by the subject workers which contributed importantly to
worker group separations at Nikki America Fuel Systems.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nikki America Fuel
Systems, who are engaged in activities related to the production
of carburetors, 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 Nikki America Fuel Systems, LLC, a
subsidiary of Nikki America, Inc., including on-site
leased workers from Surge Staffing, Auburn, Alabama, who
became totally or partially separated from employment on or
after June 19, 2019 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 30th day of June 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance