UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,221
LG ELECTRONICS USA
SOLAR DIVISION
HUNTSVILLE, ALABAMA
Negative Determinations 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 worker
adjustment assistance.

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 to issue a certification for workers under Section
222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:

(1)The first criterion (set forth in Section 222(a)(1) of theAct, 19 U.S.C. § 2272(a)(1)) requires that a significantnumber or proportion of the workers in such workers' firm, oran appropriate subdivision of the firm, have become totallyor partially separated, or are threatened to become totallyor partially separated

(2)The second criterion (set forth in Section 222(a)(2) of theAct, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of twoways:

(A)Increased Imports Path:

(i)sales or production, or both, at the workers' firm musthave decreased absolutely, AND

(ii)imports of articles like or directly competitive witharticles produced by such firm or subdivision haveincreased; and

(iii)the increase described in clause (ii) contributed
importantly to such workers' separation or threat ofseparation and to the decline in the sales or productionof 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 articleslike or directly competitive with articles which areproduced by such firm or subdivision; and

(ii)(I) the country to which the workers' firm hasshifted production of the articles is a party to a freetrade agreement with the United States;

(II)the country to which the workers' firm hasshifted production of the articles is a beneficiarycountry under the African Growth and Opportunity Act, orthe Caribbean Basin Economic Recovery Act; or

(III)there has been or is likely to be an increasein imports of articles that are like or directlycompetitive with articles which are or were produced bysuch 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 theworkers' firm or an appropriate subdivision of the firmhave become totally or partially separated, or arethreatened to become totally or partially separated;

(2)the workers' firm is a Supplier or Downstream Producerto a firm that employed a group of workers who receiveda certification of eligibility under Section 222(a) ofthe Act, 19 U.S.C. § 2272(a), and such supply orproduction is related to the article that was the basisfor such certification; and

(3)either

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

(B)a loss of business by the workers' firm with thefirm described in paragraph (2) contributed importantlyto 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 March 10, and filed on
March 11, 2022 by a State Workforce Office, on behalf of former
workers of LG Electronics USA, Solar Division, Huntsville, Alabama
(hereafter referred to as the "group of workers"). In accordance
with 20 CFR 618.110 group of workers is defined as, ""¦including
teleworkers and staffed workers."

The group of workers was engaged in activities related to the
production of solar panels.

The petition alleged that worker separations, or threats
thereof, were due to an influx of overseas competition in the solar
panel market. Causing prices to fall, in which, American companies
could no longer compete.

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

With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that the workers' firm has not experienced
a decline in the sales or production. The investigation revealed
that the workers' firm sales and production increased for the
time of this investigation "“ March 2020 through February 2021
compared to March 2021 through February 2022.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of solar panels, or like or directly competitive
articles, to a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that LG Electronics USA, Solar Division,
Huntsville, Alabama is not a Supplier 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). The investigation
revealed that the workers' firm did not supply component parts to
a customer whose workers who were certified eligible to apply for
TAA.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that LG Electronics USA, Solar Division,
Huntsville, Alabama does not act as a Downstream Producer 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), based on an
increase in imports from, or a shift in production to, Canada or
Mexico. The investigation revealed that the workers' firm did not
provide value-added production processes to a customer whose
workers were certified eligible to apply for TAA.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA"), the group of workers must be certified eligible to apply
for Trade Adjustment Assistance ("TAA"). Because the group of
workers 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 all workers of LG Electronics USA,
Solar Division, Huntsville, Alabama engaged in activities related
to the production of solar panels 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 29th day of June, 2022


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

Certifying Officer, Office of

Trade Adjustment Assistance