Petitioner Type: State
Impact Date: 09/11/2019
Filed Date: 09/14/2020
Most Recent Update: 11/27/2020
Determination Date: 11/27/2020
Expiration Date: 11/27/2022
Employment and Training Administration
TA-W-96,188
NEXANS
A DIVISION OF NEXANS ENERGY USA
CHESTER, NEW YORK
TA-W-96,188A
NEXANS
A DIVISION OF NEXANS ENERGY USA
MIDDLETOWN, NEW YORK
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 September 14, 2020 by a state workforce office on behalf
of workers and former workers of Nexans, a Division of Nexans
Energy USA, Chester, New York (TA-W-96,188) and Middletown, New
York (TA-W-96,188A) (hereafter collectively referred to as
"Nexans-Chester/Middletown"). The Chester, New York facility is
engaged in activities related to the production of copper wire
(various applications). The Middletown, New York facility is
engaged in activities related to the supply of warehousing
services for the Chester, New York facility.
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Nexans-Chester/Middletown 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 a portion of the production of
articles like or directly competitive with the copper wire
produced at the Chester, New York facility which contributed
importantly to worker group separations at Nexans-
Chester/Middletown.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nexans-
Chester/Middletown 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 Nexans, a Division of Nexans Energy USA,
Chester, New York (TA-W-96,188) and Nexans, a Division of
Nexans Energy USA, Middletown, New York (TA-W-96,188A),
who became totally or partially separated from employment
on or after September 11, 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 27th day of November 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance