Petitioner Type: State
Impact Date: 04/17/2019
Filed Date: 10/09/2020
Most Recent Update: 12/15/2020
Determination Date: 12/15/2020
Expiration Date: 04/17/2021
Employment and Training Administration
TA-W-96,543
KIMBALL HOSPITALITY, INC.
KIMBALL HOSPITALITY-JASPER
JASPER, INDIANA
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended (“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 October 8, 2020 and
filed on October 9, 2020 by a State Workforce Office, on behalf of former workers of Kimball
Hospitality, Inc., Kimball Hospitality-Jasper, Jasper, Indiana (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 program, project
management, and design engineering services as it relates to the production of furniture
and are not separately identifiable by service.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, “increased imports of like products as Kimball, streamlining positions/functions globally,
ITC Ruling: No. 701-TA-620 and 731-TA-1445”
The International Trade Commission (ITC) found that an industry in the United States is
materially injured by reason(s) of imports of wooden cabinets and vanities from China . The ITC’s
determination(s) was published in the Federal Register on April 17, 2020.
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(e) of the Act,
19 U.S.C. § 2272(e), are satisfied if the following criteria are met:
Member of Domestic Industry Criterion
(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));
The Department determines that the member of a domestic industry criterion has been met.
Timely Petition Filing Criterion
(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 (B) or (C) of
paragraph (1) is published in the Federal Register; and
The Department determines that the timely filing of a petition criterion has been met.
Employment Criterion
(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 Department determines that the employment criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers
of Kimball Hospitality, Inc., Kimball Hospitality-Jasper, Jasper, Indiana, who are engaged in
activities related to the supply of program, project management, and design engineering services
as it relates to the production of furniture
meet the worker group certification criteria under Section 222(e) of the Act, 19 U.S.C. § 2272(e).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification:
“All workers of Kimball Hospitality, Inc., Kimball Hospitality-Jasper, Jasper, Indiana, who
became totally or partially separated from that employment on or after April 17, 2019,
through April 17, 2021, 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 15th day of December, 2020
______________________________
/s/ HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance