UNITED STATES DEPARTMENT OF LABOR


Employment and Training Administration


TA-W-96,311


SHOPVAC CORPORATION

WILLIAMSPORT, PENNSYLVANIA


Certification Regarding Eligibility

To Apply for Trade Adjustment Assistance for Workers


In accordance with Section 223 of the Trade Act of 1974, as
amended (“the Act”), 19 U.S.C. § 2273, the Department of Labor
(“Department”) herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance (“TAA”) for workers.

The investigation was initiated in response to a TAA petition
dated September 24, 2020 and filed on September 25, 2020 by a State
Workforce Office, on behalf of workers and former workers of
ShopVac Corporation, Williamsport, Pennsylvania (hereafter
referred to as the “worker group”). In accordance with 20
C.F.R. 618.110 a worker group is defined as, “…inclusive of
teleworkers and staffed workers.”

The worker group is engaged in activities related to the
production of wet dry vacuums and accesorries and are not
separately identifiable by product.

The petition alleged that worker separations, or threats
thereof, were due to foreign trade as production is being moved to
China and Vietnam.

During the course of the investigation, the Department
collected information from the petitioner(s), the workers’ firm,
and other relevant sources.

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:

Employment Criterion

(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.

20 C.F.R. 618.225(b)(2)(i)(B) states that an “analysis of
separation data must generally consist of a: “(1) Comparison of
employment on the petition date to employment on the date that is
1 year prior to the petition date; (2) Review of employment
activity during the 1-year period prior to the petition date; and
(3) Review of evidence provided by the workers’ firm regarding
actual and threatened separations that occur, or are scheduled to
occur, after the petition date.”

The Department determines that the employment criterion has
been met.

Shift/Acquisition Criterion

(2)(B)(i)(I) there has been a shift by the workers’ firm to
a foreign country in the production of articles or the
supply of services like or directly competitive with
articles which are produced or services which are
supplied by such firm; or

(II) such workers’ firm has acquired from a foreign
country articles or services that are like or directly
competitive with articles which are produced or services
which are supplied by such firm;

According to 20 C.F.R. 618.225(b)(2)(ii)(B), “Analysis of
shift data must generally consist of a: (1) Comparison of
shift/acquisition data on the petition date to shift/acquisition
data that is 1 year prior to the petition date; (2) Review of
shift/acquisition activity during the 1-year period prior to the
petition date; and (3) Review of evidence provided by the workers’
firm regarding shift/acquisition activity scheduled to occur after
the petition date.”

The Department determines that the shift criterion has been
met.

Contributed Importantly Criterion

(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.

Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines
contributed importantly as “a cause that is important but not
necessarily more important than any other cause.”

According to 20 C.F.R. 618.225(b)(2)(iii), “(A) Analysis of
impact of shift activity on worker separations must generally
consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the shift
activity and worker separations or threat of separation; (2) What
percentage of the workers’ firm sales or production declines was
attributable to the firm’s shift activity; (3) Whether operations
at the workers’ firm domestic facility or facilities decreased at
the same or at a greater rate than operations at the foreign
facility or facilities; and (4) Whether there are other events or
factors that mitigate or amplify the impact of shift activity on
the workers’ firm. (B) The impact may be determined using a
quantitative or qualitative analysis.”

The Department determines that the contributed importantly
criterion has been met.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of ShopVac Corporation,
Williamsport, Pennsylvania, who are engaged in activities related
to the production of wet dry vacuums and accessories 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 ShopVac Corporation, Williamsport,
Pennsylvania, who became totally or partially separated from
employment on or after September 24, 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 22nd day of December, 2020.





/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance