UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,105

KEMPER VALVE & FITTINGS CORP.

OIL, GAS AND MARINE DIVISION

A DIVISION OF CATERPILLAR INC.

PLEASANTON, TEXAS

TA-W-98,105A

KEMPER VALVE & FITTINGS CORP.

OIL, GAS AND MARINE DIVISION

A DIVISION OF CATERPILLAR INC.

ODESSA, TEXAS

TA-W-98,105B

KEMPER VALVE & FITTINGS CORP.

OIL, GAS AND MARINE DIVISION

A DIVISION OF CATERPILLAR INC.

HOUSTON, TEXAS

Determinations 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

Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:

(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:

(A) Increased Imports Path:

(i) sales or production, or both, at the workers' firm must
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 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.

(B) Shift in Production Path:

(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
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery 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.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers
of a Supplier or a Downstream Producer, the following criteria
must be met:

(1) a significant number or proportion of the workers in the
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) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article that was the basis
for such certification; and

(3) either

(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm; or

(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed importantly
to the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated November 2, 2021, and
filed on November 3, 2021, by a State Workforce Office on behalf
of former workers of Kemper Valve & Fittings Corp., Oil, Gas and
Marine Division, a division of Caterpillar Inc., Pleasanton, Texas
(TA-W-98,105); Kemper Valve & Fittings Corp., Oil, Gas and Marine
Division, a division of Caterpillar Inc., Odessa, Texas (TA-W-
98,105A); and Kemper Valve & Fittings Corp., Oil, Gas and Marine
Division, a division of Caterpillar Inc., Houston, Texas (TA-W-
98,105B). In accordance with 20 C.F.R. 618.110 a worker group is
defined as, ""¦inclusive of teleworkers and staffed workers."

The group of workers 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. More specifically, the sites at
Pleasanton, Odessa, and Houston, Texas support production
activities for Kemper Valve & Fittings Corp., Oil, Gas and Marine
Division, Island Lake, Illinois (TA-W-98,089), which produces said
articles. Pleasanton and Odessa supply sales and post-production
services, and Houston supplies post-production services as well as
logistical support for the said articles. Post-production services
consist of delivery and installation of the parts to the direct-
end customer or the routine maintenance and repair of such parts
for the end customers, mainly in the field.

The petition alleges that worker separations, or threats
thereof, were due to, "This petition related to petition 98089.
Manufacture plant layoffs and closure related to sales and services
at sites in Texas. Sites include 12343 Cutton Rd. Houston and 1000
West 2nd St. Odessa, Texas."

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

TA-W-98,105 & TA-W-98,105A

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 division of
Caterpillar Inc., Pleasanton, Texas (TA-W-98,105) and Kemper
Valve & Fittings Corp., Oil, Gas and Marine Division, a division
of Caterpillar Inc., Odessa, Texas (TA-W-98,105A).

TA-W-98,105B

With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers
Kemper Valve & Fittings Corp., Oil, Gas and Marine Division, a
division of Caterpillar Inc., Houston, Texas (TA-W-98,105B), (or
an appropriate subdivision of the firm, as applicable) have not
become totally or partially separated, nor are they threatened
to become totally or partially separated. No workers separations
were reported.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

TA-W-98,105 and TA-W-98,105A

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 determined that Section 246(a)(3)(A)(ii)(I)
has not been met because the workers' firm did not employ a
significant number of workers that are 50 years of age or older.
20 CFR 618.110 defines significant number or proportion to mean
(1) The lesser of 50 workers or 5 percent of the workers within a
firm, or appropriate subdivision, have been totally or partially
separated, or both, or are threatened with total or partial
separation; or (2) 2 or more workers within a firm, or appropriate
subdivision, with a workforce of fewer than 50 workers, have been
totally or partially separated, or both, or are threatened with
total or partial separation.

TA-W-98,105B

Furthermore, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group of
workers must be certified eligible to apply for Trade Adjustment
Assistance ("TAA"). Because the group of workers at Kemper Valve

& Fittings Corp., Oil, Gas and Marine Division, a division of
Caterpillar Inc., Houston, Texas (TA-W-98,105B) are denied
eligibility to apply for TAA, the group of workers cannot be
certified eligible for ATAA.

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 division of Caterpillar
Inc., Pleasanton, Texas (TA-W-98,105) and Kemper Valve &
Fittings Corp., Oil, Gas and Marine Division, a division of
Caterpillar Inc., Odessa, Texas (TA-W-98,105A), 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 division of Caterpillar Inc.,
Pleasanton, Texas (TA-W-98,105) and Kemper Valve & Fittings
Corp., Oil, Gas and Marine Division, a division of
Caterpillar Inc., Odessa, Texas (TA-W-98,105A), who became
totally or partially separated from employment on or after
November 2, 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 division of Caterpillar Inc., Pleasanton, Texas (TA-W-
98,105) and Kemper Valve & Fittings Corp., Oil, Gas and
Marine Division, a division of Caterpillar Inc., Odessa,
Texas (TA-W-98,105A) are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."

I further determine that all workers of Kemper Valve &
Fittings Corp., Oil, Gas and Marine Division, a division of
Caterpillar Inc., Houston, Texas (TA-W-98,105B), 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, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, amended.

Signed in Washington, D. C. this 24th day of February, 2022



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

Certifying Officer, Office of

Trade Adjustment Assistance