Petitioner Type: State
Impact Date: 01/26/2021
Filed Date: 01/27/2022
Most Recent Update: 02/10/2022
Determination Date: 02/10/2022
Expiration Date: 02/10/2024
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,183
M-D METAL SOURCE
A SUBSIDIARY OF M-D BUILDING PRODUCTS, INC.
WEST COLUMBIA, SOUTH CAROLINA
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 26, 2022 and filed on January
27, 2022, by a State Workforce Office on behalf of former workers of
M-D Metal Source, a subsidiary of M-D Building Products, Inc., West
Columbia, South Carolina (group of workers). In accordance with 20
C.F.R. 618.110 a worker group is defined as, ""¦inclusive of
teleworkers and staffed workers." The workers' firm is engaged in
activities related to the production of custom aluminum fabrications.
The petition alleges that worker separations, or threats thereof,
were due to the shift in production by the workers' firm to a foreign
country.
During the course of the investigation, the Department collected
information from the petitioner and the workers' firm.
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 the workers' firm has
shifted the production of custom aluminum fabrications, or a like or
directly competitive article, to a foreign country that is party to a
free trade agreement with the United States.
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 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 has determined that criterion II has not been met.
The investigation revealed the workers in the workers' firm do not
possess skills that are not easily transferable.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of M-D Metal Source, a subsidiary of M-D
Building Products, Inc., West Columbia, South Carolina, who are
engaged in activities related to the production of custom aluminum
fabrications, 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 M-D Metal Source, a subsidiary of M-D Building
Products, Inc., West Columbia, South Carolina, who became
totally or partially separated from employment on or after
January 26, 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 not 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 10th day of February, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-98,183
M-D METAL SOURCE
A SUBSIDIARY OF M-D BUILDING PRODUCTS, INC.
WEST COLUMBIA, SOUTH CAROLINA
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 26, 2022 and filed on January
27, 2022, by a State Workforce Office on behalf of former workers of
M-D Metal Source, a subsidiary of M-D Building Products, Inc., West
Columbia, South Carolina (group of workers). In accordance with 20
C.F.R. 618.110 a worker group is defined as, ""¦inclusive of
teleworkers and staffed workers." The workers' firm is engaged in
activities related to the production of custom aluminum fabrications.
The petition alleges that worker separations, or threats thereof,
were due to the shift in production by the workers' firm to a foreign
country.
During the course of the investigation, the Department collected
information from the petitioner and the workers' firm.
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 the workers' firm has
shifted the production of custom aluminum fabrications, or a like or
directly competitive article, to a foreign country that is party to a
free trade agreement with the United States.
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 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 has determined that criterion II has not been met.
The investigation revealed the workers in the workers' firm do not
possess skills that are not easily transferable.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of M-D Metal Source, a subsidiary of M-D
Building Products, Inc., West Columbia, South Carolina, who are
engaged in activities related to the production of custom aluminum
fabrications, 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 M-D Metal Source, a subsidiary of M-D Building
Products, Inc., West Columbia, South Carolina, who became
totally or partially separated from employment on or after
January 26, 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 not 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 10th day of February, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance