Petitioner Type: State
Impact Date: 09/25/2019
Filed Date: 09/28/2020
Most Recent Update: 01/30/2021
Determination Date: 01/30/2021
Expiration Date: 01/30/2023
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,403
KISWIRE PINE BLUFF, INC.
A WHOLLY OWNED SUBSIDIARY OF KISWIRE ATLANTA, INC.
PINE BLUFF, ARKANSAS
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 25,
2020 and filed on September 28, 2020 by a State Workforce Official, on behalf of workers and
former workers of Kiswire Pine Bluff, Inc., a wholly owned subsidiary of Kiswire Atlanta, Inc.,
Pine Bluff, Arkansas (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 reinforcement wire
such as beadwire, hosewire, and steelcord. Workers are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, "The Kiswire Pine Bluff factory (formerly TrefilARBED) has been in business since
1990. For 30 years, we have had two main product lines of reinforcement wire: Steelcord Wire for
the tire industry and Hosewire for the hydraulic hose industry. Over the last few years, steelcord
imports from overseas (ex: China, Malaysia, and Vietnam) have increased. These countries are
able to produce steelcord products at a substantially lower cost than what we are able to achieve."
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(a)(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.
Decreased Sales or Production Criterion
(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely;
According to 20 C.F.R. 618.225(a)(2)(ii)(B), "Analysis of sales or production data
must generally consist of a comparison of sales or production data on the petition date to sales
or production data on the date that is 1 year prior to the petition date."
The Department determines that the decreased sales or production criterion has been
met.
Increased Imports Criterion
(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles
produced or services supplied by such firm have increased.
20 C.F.R. 618.110 defines increased imports to mean "that imports have increased
either absolutely or relative to domestic production compared to a representative base period.
The representative base period will be 1 year consisting of the 4 quarters immediately
preceding the date that is 12 months prior to the date of the petition."
The Department determines that the increased imports criterion has been met.
Contributed Importantly Criterion
(2)(A)(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.
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." In
determining contributed importantly, according to 20 C.F.R. 618.225(a)(2)(iv) "(A) Analysis
of the impact of increased imports on worker separations and declines in sales or production
at the workers' firm must generally consist of determining: (1) Whether there are one or more
events, or factors, that lessen or sever the causal nexus between the increase in imports and
worker separations or threat of separation, and the decline in sales and production at the
workers' firm; (2) What percentage of the workers' firm sales or production declines was
attributable to the firm's increased imports; (3) What percentage of the workers' firm
customer(s) sales or production declines was attributable to the firm's increased imports; and
(4) Whether there are other events or factors that mitigate or amplify the impact of increased
imports 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
Kiswire Pine Bluff, Inc., a wholly owned subsidiary of Kiswire Atlanta, Inc., Pine Bluff,
Arkansas, who are engaged in activities related to the production of reinforcement wire such as
beadwire, hosewire, and steelcord 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 Kiswire Pine Bluff, Inc., a wholly owned subsidiary of Kiswire Atlanta,
Inc., Pine Bluff, Arkansas, who became totally or partially separated from employment
on or after September 25, 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 January, 2021.
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance