UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,007

CUBIC ITS, INC. (FKA TRAFFICWARE)

MANUFACTURING DIVISION

SUGAR LAND, TEXAS

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

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 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:

(1) a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and

(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;

(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean

Basin Economic Act; or

(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated July 16, 2021 and
filed on July 19, 2021 by a State Workforce Office, on behalf of
workers of Cubic ITS, Inc. (fka Trafficware), Manufacturing
Division, Sugar Land, 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
production of traffic light stop box systems; workers are not
considered separately identifiable.

The petition alleges that worker separations, or threats
thereof, were due to a, "Possible shift of production outside the
United States along with the increase of imports of rare earth
metals that are used in manufacturing."

During the course of the investigation, the Department
collected information from the petitioner and the workers' firm.

Section 222(a)(1) has been met because 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.

Section 222(a)(2)(B) has been met because of a shift in
production of traffic light stop box systems to a foreign country
that is party to a free trade agreement with the United States.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

The Department has determined that criterion II has not been
met.

The investigation revealed that the workers in the workers'
firm do not possess skills that are not easily transferable.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Cubic ITS, Inc. (fka

Trafficware), Manufacturing Division, Sugar Land, Texas, who are
engaged in activities related to the production of traffic light
stop box systems 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 Cubic ITS, Inc. (fka Trafficware),
Manufacturing Division, Sugar Land, Texas, who became totally
or partially separated from employment on or after July 16,
2020, 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; and I
further determine that all workers of Cubic ITS, Inc. (fka
Trafficware), Manufacturing Division, Sugar Land, Texas are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."

Signed in Washington, D. C. this 3rd day of September, 2021


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

Certifying Officer, Office of

Trade Adjustment Assistance