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TAW-98058  /  Arcosa Wind Towers, Inc. (Newton, IA)

Petitioner Type: State
Impact Date: 09/10/2020
Filed Date: 09/13/2021
Most Recent Update: 11/02/2021
Determination Date: 11/02/2021
Expiration Date: 11/02/2023

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,058

ARCOSA WIND TOWERS, INC.

A WHOLLY-OWNED SUBSIDIARY OF ARCOSA, INC.

NEWTON, IOWA

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)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and

(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of 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 September 10, 2021
and filed on September 13, 2021 by a State Workforce Office on
behalf of former workers of Arcosa Wind Towers, Inc., a wholly-
owned subsidiary of Arcosa, Inc., Newton, Iowa (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 utility scale wind towers.

The petition alleges that worker separations, or threats
thereof, were due to, "Employer states reason for layoff is due to
increased steel prices causing a reduction in sales, possibly
related to steel tariffs increasing the price of domestically
produced steel."

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 such workers' firm have become
totally or partially separated, or are threatened to become totally
or partially separated.

Section 222(a)(2)(A)(i) has been met because the sales
and/or production of utility scale wind towers by Arcosa Wind
Towers, Inc., Newton, Iowa have decreased.

Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced
by Arcosa Wind Towers, Inc., Newton, Iowa have increased.

Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to worker group
separations and sales/production declines at Arcosa Wind Towers,
Inc., Newton, Iowa.

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).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.

The Department has further determined that Section
246(a)(3)(A)(ii) (II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the workers' region.

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., Newton, Iowa, who
are engaged in activities related to the production of utility
scale wind towers, meet the worker group certification criteria
under 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 Arcosa Wind Towers, Inc., a wholly-owned
subsidiary of Arcosa, Inc., Newton, Iowa, who became totally
or partially separated from employment on or after September
10, 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 Arcosa Wind Towers,
Inc., a wholly-owned subsidiary of Arcosa, Inc., Newton,

Iowa, 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 2nd day of November, 2021



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

Certifying Officer, Office of

Trade Adjustment Assistance