Petitioner Type: Union
Impact Date: 01/06/2021
Filed Date: 01/12/2022
Most Recent Update: 03/17/2022
Determination Date: 03/17/2022
Expiration Date: 03/17/2024
Employment and Training Administration
TA-W-98,163
HEXCEL CORPORATION
KENT DIVISION
KENT, WASHINGTON
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(b) of the Act, 19 U.S.C. § 2272(b), can be satisfied
if the following criteria are 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 (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 (or subdivision) 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 (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
Section 222(c)(4) of the Act, 19 U.S.C. § 2272(c)(4), defines
the term "Supplier" as "a firm that produces and supplies directly
to another firm (or subdivision) component parts for articles that
were the basis for a certification of eligibility under subsection
(a) [of Section 222 of the Act] of a group of workers employed by
such other firm."
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated January 6, 2022 and
filed on January 12, 2022 by a union official, on behalf of former
workers of Hexcel Corporation, Kent division, Kent, Washington
(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 composite parts used in aerospace applications.
The petition alleges that worker separations, or threats
thereof, were due to "Hexcel Corporation is a downstream supplier
to Boeing, petition number TA-W-95,914. They make airplane parts
primarily for Boeing Commercial Airplanes and are expanding in
Morocco. Meaning their global facilities compete with their U.S.
counterparts as aircraft parts suppliers."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
Section 222(b)(1) has been met because 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.
Section 222(b)(2) has been met because Hexcel Corporation,
Kent division, Kent, Washington is a Supplier to a firm (or
subdivision, whichever is applicable) 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 is related
to the actual finished article that was the basis for such
certification.
Section 222(b)(3)(A) has been met because the composite
parts used in aerospace applications produced by Hexcel
Corporation, Kent division, Kent, Washington for a firm that
employed a worker group who received a certification of
eligibility accounted for at least 20 percent of the production
or sales of Hexcel Corporation, Kent division, Kent, Washington.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for Alternative Trade Adjustment Assis-
tance ("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 have been 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 Hexcel Corporation,
Kent division, Kent, Washington, who are engaged in activities
related to the production of composite parts used in aerospace
applications meet the worker group certification criteria under
Section 222(b) of the Act, 19 U.S.C. § 2272(b). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of Hexcel Corporation, Kent division, Kent,
Washington, who became totally or partially separated from
employment on or after January 6, 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 Hexcel Corporation, Kent division, Kent,
Washington 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 17th day of March, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance