UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,154

APICAL INDUSTRIES DBA DART AEROSPACE LTD

VISTA, CALIFORNIA

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 January 4, 2022 and
filed on January 5, 2022 by a State Workforce Office, on behalf
of former workers of Apical Industries dba DART Aerospace LTD,
Vista, California (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 emergency life rafts and flotation devices for
helicopters.

The petitioner alleges that worker separations, or threats
thereof, were due to "We received a letter that the company would
be closing. There were unofficial talks within the office that
the company was moving production to Chihuahua Mexico. You can
see on the website they have a location in this area currently."

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)(B) has been met because a shift in
production of emergency life rafts and flotation devices for
helicopters to a foreign country that is party to a free trade
agreement with the United States has occurred.

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 Apical Industries dba
DART Aerospace LTD, Vista, California, who are engaged in
activities related to the production of emergency life rafts and
flotation devices for helicopters, meet 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 Apical Industries dba DART Aerospace LTD,
Vista, California, who became totally or partially separated
from employment on or after January 4, 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 I further determine that
all workers of Apical Industries dba DART Aerospace LTD,
Vista, California, 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 26th day of January, 2022



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

Certifying Officer, Office of

Trade Adjustment Assistance