Petitioner Type: State
Impact Date: 08/25/2019
Filed Date: 10/16/2020
Most Recent Update: 12/08/2020
Determination Date: 12/08/2020
Expiration Date: 08/25/2021
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,559
MARMEN ENERGY CO.
BRANDON, SOUTH DAKOTA
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 15, 2020 and
filed on October 16, 2020 by a State Workforce Office, on behalf of former workers of Marmen
Energy Co., Brandon, South Dakota (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 tower portion of the
wind towers from steel plates and are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, “This worker group is subject to ITC Injury based on notification from USDOL per
investigation NO. 701-TA-627-629 and 731-TA-1458-1461 involving utility scale wind towers.
The determination was published in the Federal Register 8/25/2020”.
The International Trade Commission (ITC) found that an industry in the United States is
materially injured by reason(s) of imports of utility scale wind towers from Canada, Indonesia,
Korea, and Vietnam. The ITC’s determination(s) was published in the Federal Register on August
25, 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 Marmen Energy Co., Brandon, South Dakota, who are engaged in activities related to the
production of tower portion of the wind towers from steel plates 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 Marmen Energy Co., Brandon, South Dakota, who became totally or
partially separated from that employment on or after August 25, 2019, through August 25,
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 8th day of December, 2020
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-96,559
MARMEN ENERGY CO.
BRANDON, SOUTH DAKOTA
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 15, 2020 and
filed on October 16, 2020 by a State Workforce Office, on behalf of former workers of Marmen
Energy Co., Brandon, South Dakota (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 tower portion of the
wind towers from steel plates and are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, “This worker group is subject to ITC Injury based on notification from USDOL per
investigation NO. 701-TA-627-629 and 731-TA-1458-1461 involving utility scale wind towers.
The determination was published in the Federal Register 8/25/2020”.
The International Trade Commission (ITC) found that an industry in the United States is
materially injured by reason(s) of imports of utility scale wind towers from Canada, Indonesia,
Korea, and Vietnam. The ITC’s determination(s) was published in the Federal Register on August
25, 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 Marmen Energy Co., Brandon, South Dakota, who are engaged in activities related to the
production of tower portion of the wind towers from steel plates 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 Marmen Energy Co., Brandon, South Dakota, who became totally or
partially separated from that employment on or after August 25, 2019, through August 25,
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 8th day of December, 2020
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance