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TAW-98017  /  FujiFilm Manufacturing USA Inc. (Greenwood, SC)

Petitioner Type: State
Impact Date: 07/26/2020
Filed Date: 07/27/2021
Most Recent Update: 09/17/2021
Determination Date: 09/17/2021
Expiration Date: 09/17/2023

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,017

FUJIFILM MANUFACTURING USA INC.

GRAPHICS AND IMAGING DIVISION

A SUBSIDIARY OF FUJIFILM HOLDING AMERICA CORPORATION

GREENWOOD, SOUTH CAROLINA

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 26, 2021 and
filed on July 27, 2021 by State Workforce Office, on behalf of
former workers of FujiFilm Manufacturing USA Inc., Graphics and
Imaging Division, a subsidiary of FujiFilm Holding America
Corporation, Greenwood, South Carolina (FujiFilm/Graphics and
Imaging-Greenwood). In accordance with 20 C.F.R. 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and
staffed workers."

FujiFilm/Graphics and Imaging-Greenwood is engaged in
activities related to the production of photography equipment
and supplies and are separately identifiable by article
produced.

The petition alleges that worker separations, or threats
thereof, were due to a shift in production to another country.

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

Section 222(a)(1) has been met because a significant
number or proportion of the workers in FujiFilm/Graphics and
Imaging-Greenwood have become totally or partially separated, or
are threatened to become totally or partially separated.

Section 222(a)(2)(B) has been met because there has been a
shift in production by the workers' firm 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 are adverse.

The Department has determined that criteria (II) and (III)
have not been met because workers in FujiFilm/Graphics and
Imaging-Greenwood possess skills that are easily transferable
and conditions within the workers' industry are not adverse.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that the subject worker group meets
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 FujiFilm Manufacturing USA Inc., Graphics
and Imaging Division, a subsidiary of FujiFilm Holding
America Corporation, Greenwood, South Carolina, who became
totally or partially separated from employment on or after
July 26, 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 FujiFilm Manufacturing USA Inc., Graphics and Imaging
division, a subsidiary of FujiFilm Holding America
Corporation, Greenwood, South Carolina 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 17th day of September, 2021

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance