CORRECTED: May 6, 2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,037

ROLLS-ROYCE CROSSPOINTE LLC

INCLUDING ON-SITE LEASED WORKERS FROM BROADLEAF

PRINCE GEORGE, VIRGINIA

Notice of Revised Determination
on Reconsideration

On March 11, 2021, the Department of Labor issued an
Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of Rolls-Royce
Crosspointe LLC, including on-site leased workers from
Broadleaf, Prince George, Virginia. The notice has not yet been
published in the Federal Register.

To support the request for reconsideration, the petitioner
supplied additional information regarding the workers' firm.

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)(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 article produced by the workers,
which contributed importantly to worker group separations at
Rolls-Royce Crosspointe LLC, Prince George, Virginia.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of Rolls-Royce
Crosspointe LLC, including on-site leased workers from
Broadleaf, Prince George, Virginia, who were engaged in
employment related to the production of turbine blades and rotative
discs, 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 Rolls-Royce Crosspointe LLC, including on-
site leased workers from Broadleaf, Prince George, Virginia,
who became totally or partially separated from employment on
or after July 2, 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 24th day of April, 2021.



HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,037

ROLLS-ROYCE CROSSPOINTE LLC

INCLUDING ON-SITE LEASED WORKERS FROM BROADSPIRE

PRINCE GEORGE, VIRGINIA

Notice of Affirmative Determination

Regarding Application for Reconsideration

By application dated February 11, 2021, a company official,
requested administrative reconsideration of the negative
determination regarding workers' eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Rolls-Royce Crosspointe LLC, including on-site leased workers
from Broadspire, Prince George, Virginia. Worker of Rolls-Royce
Crosspointe LLC, including on-site leased workers from
Broadspire, Prince George, Virginia, were engaged in activities
related to the production of turbine blades and rotative discs
used for Rolls-Royce commercial aerospace engines. The
determination was issued on December 1, 2020 and the Notice of
Determination was published in the Federal Register on January 29,
2021 (86 FR 7569).

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 shift in production, nor
did the company or customer increase imports during the period
under investigation.

The request for reconsideration asserts that "due to changing
circumstances and additional information, some of the employee
group that manufacture rotatives as well as the employee group
that manufactures turbines are impacted by a shift in the
production of rotative and turbine parts to another country. The
Company is researching further the extent of this shift."

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 March, 2021

HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,037

ROLLS-ROYCE CROSSPOINTE LLC
INCLUDING ON-SITE LEASED WORKERS FROM BROADSPIRE
PRINCE GEORGE, VIRGINIA

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 July 6, 2020 by the state workforce office on behalf
of workers and former workers of Rolls-Royce Crosspointe LLC,
Prince George, Virginia (Rolls-Royce Crosspointe-Prince
George). Workers of Rolls-Royce Crosspointe-Prince George are
engaged in activities related to the production of turbine
blades and rotative discs used for Rolls-Royce commercial
aerospace engines. The subject worker group includes on-site
leased workers from Broadspire.
During the course of the investigation, information was
collected from the petition and the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of turbine blades
and/or rotative discs, or like or directly competitive
articles, by the workers' firm during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
production of turbine blades and/or rotative discs, or like or
directly competitive articles, to a foreign country or acquire
the production of turbine blades and/or rotative discs, or
like or directly competitive articles, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Rolls-Royce Crosspointe-Prince
George 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 Rolls-Royce Crosspointe-Prince
George 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 Rolls-Royce
Crosspointe LLC, including on-site leased workers from
Broadspire, Prince George, Virginia, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 1st day of December 2020.

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