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TAW-98109  /  FDP Virginia, Inc. (Tappahannock, VA)

Petitioner Type: State
Impact Date: 02/16/2021
Filed Date: 11/05/2021
Most Recent Update: 01/13/2022
Determination Date: 01/13/2022
Expiration Date: 01/13/2024



UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,109

FDP VIRGINIA, INC.

TAPPAHANNOCK, VIRGINIA

Certification Regarding Eligibility

To Apply for Worker Adjustment Assistance and

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 November 4, 2021 and
filed on November 5, 2021 by a State workforce Official, on
behalf of former workers of FDP Virginia, Inc., Tappahannock,
Virginia (hereafter referred to as the "worker group"). The
worker group is engaged in activities related to the production
of brakes and brake pads.

The petition alleges that worker separations, or threats
thereof, were due to increased imports.

The group of workers were eligible to apply for worker
adjustment assistance under TA-W-94,511 (certification expired
February 15, 2021).

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 subject firm
sales and/or production by have decreased absolutely.

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

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 the workers' firm.

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) has been met because a significant
number of workers in the workers' firm are 50 years of age or
older, the workers at the workers' firm do not possess skills
that are easily transferable to other jobs, and conditions
within the workers' industry are adverse.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of the subject firm, who
are engaged in activities related to the production of brakes
and brake pads, 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 FDP Virginia, Inc., Tappahannock, Virginia,
who became totally or partially separated from employment
on or after February 16, 2021, 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 are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."

Signed in Washington, D. C. this 13th day of January, 2022


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

Certifying Officer, Office of

Trade Adjustment Assistance