Petitioner Type: State
Impact Date: 09/30/2019
Filed Date: 10/01/2020
Most Recent Update: 01/19/2021
Determination Date: 01/19/2021
Expiration Date: 01/19/2023
Employment and Training Administration
TA-W-96,502
ARCOSA WIND TOWERS, INC.
A WHOLLY OWNED SUBSIDIARY OF ARCOSA, INC.
DALLAS, TEXAS
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 30, 2020 and
filed on October 1, 2020 by a State Workforce Office, on behalf of workers and former workers of
Arcosa Wind Towers, Inc., A Wholly Owned Subsidiary of Arcosa, Inc., Dallas, Texas (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 supply of administrative,
engineering and management support services and are not separately identifiable by service.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, "the petition is being filed on behalf of the workers in Dallas, Texas. These workers were
impacted by the Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam. There
was a recent ITC determination for the Arcosa sites in West Fargo and Tulsa. The company claims
there was no impact workers at these two sites, but it did affect three workers in Dallas, Texas".
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(b) of the Act,
19 U.S.C. § 2272(b), are satisfied if the following criteria are met:
Employment Criterion
(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.
20 C.F.R. 618.225(d)(1)(ii) states that an "Analysis of separation data must generally
consist of a: "(A) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (B) Review of employment activity during the 1-year period prior
to the petition date; and (C) 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.
Supplier/Downstream Producer Criterion
(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 subsection (a), and such supply
or production is related to the article or service that was the basis for such certification
(as defined in subsection (c) (3)and (4)); and
Section 222(c)(4) of the Trade Act, 19 U.S.C. § 2272(c), defines the term "Supplier" to
mean "a firm that produces and supplies directly to another firm component parts for articles, or
services, used in the production of articles or in the supply of services, as the case may be, that
were the basis for a certification of eligibility under subsection (a) of a group of workers employed
by such other firm."
The Department determines that the Supplier criterion has been met.
Contributed Importantly Criterion
(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
determined under paragraph (I).
20 C.F.R. 618.225(d)(5) states that "the component parts supplied... represented at least
20 percent of the supplier's production or sales during the 1-year period prior to the petition date,
or loss of business with the firm..., during the 1-year period prior to the petition date, contributed
importantly to separations or threat of separation at the workers' 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."
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
Arcosa Wind Towers, Inc., A Wholly Owned Subsidiary of Arcosa, Inc., Dallas, Texas, who are
engaged in activities related to the supply of administrative, engineering and management support
services meet the worker group certification criteria under Section 222(b) of the Act, 19 U.S.C.
§ 2272(b). In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of Arcosa Wind Towers, Inc., A Wholly Owned Subsidiary of Arcosa, Inc.,
Dallas, Texas, who became totally or partially separated from employment on or after
September 30, 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 19th day of January, 2021.
/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance