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TAW-98089  /  Kemper Valve & Fittings Corp., Oil, Gas and Marine Division (Island Lake, IL)

Petitioner Type: AJC
Impact Date: 10/19/2020
Filed Date: 10/20/2021
Most Recent Update: 01/31/2022
Determination Date: 01/31/2022
Expiration Date: 01/31/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,089

KEMPER VALVE & FITTINGS CORP.

OIL, GAS AND MARINE DIVISION

A SUBSIDIARY OF CATERPILLAR INC.

INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER

SPM OIL & GAS

ISLAND LAKE, ILLINOIS

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 October 19, 2021, and
filed on October 20, 2021, by a One-Stop Operator/Partner, on
behalf of former workers of Kemper Valve & Fittings Corp., Oil,
Gas and Marine Division, a subsidiary of Caterpillar Inc.,
including workers whose wages were reported under SPM Oil & Gas,
Island Lake, Illinois (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 oilfield hammer unions, plug valves, swivel joints,
pup joints, hose loops, check valves, pressure relief valves, and
high-pressure fittings.

The petition alleges that worker separations, or threats
thereof, were due to, "Caterpillar purchased Weir Oil and Gas
causing closure of Kemper facilities. Weir Oil and Gas purchased
plug valves from overseas to be assembled in USA. Plug valve
manufacturing was 50% of Kemper's business and more than 50% of
product sales, increased demand for imported oil reduced demand
for Kemper products."

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 oilfield hammer unions, plug valves, swivel
joints, pup joints, hose loops, check valves, pressure relief
valves, and high-pressure fittings of the workers' firm have
decreased absolutely.

Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles produced
by the workers' firm have increased.

Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Kemper Valve &
Fittings Corp., Oil, Gas and Marine Division, a subsidiary of
Caterpillar Inc., including workers whose wages were reported
under SPM Oil & Gas, Island Lake, Illinois.

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 Kemper Valve & Fittings
Corp., Oil, Gas and Marine Division, a subsidiary of Caterpillar
Inc., including workers whose wages were reported under SPM Oil &
Gas, Island Lake, Illinois, who are engaged in activities related
to the production of oilfield hammer unions, plug valves, swivel
joints, pup joints, hose loops, check valves, pressure relief
valves, and high-pressure fittings, 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 Kemper Valve & Fittings Corp., Oil, Gas and
Marine Division, a subsidiary of Caterpillar Inc., including
workers whose wages were reported under SPM Oil & Gas, Island
Lake, Illinois, who became totally or partially separated
from employment on or October 19, 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 Kemper Valve & Fittings Corp., Oil, Gas and Marine
Division, a subsidiary of Caterpillar Inc., including workers
whose wages were reported under SPM Oil & Gas, Island Lake,
Illinois, 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 31st day of January, 2022


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

Certifying Officer, Office of

Trade Adjustment Assistance