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TAW-98238  /  PCS Ferguson, Inc. (Frederick, CO)

Petitioner Type: State
Impact Date: 03/24/2021
Filed Date: 03/25/2022
Most Recent Update: 05/24/2022
Determination Date: 05/24/2022
Expiration Date: 05/24/2024



UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,238

PCS FERGUSON, INC.

A DIVISION OF CHAMPIONX

FREDERICK, COLORADO

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)(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 March 24, 2022, and
filed on March 25, 2022, by a state workforce office on behalf
of former workers of PCS Ferguson, Inc., a division of
ChampionX, Frederick, Colorado (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 plunger lift assembly parts.

The petition alleges that worker separations, or threats
thereof, were due to the closure of the location and that the
production of some parts was shifted to Texas while the
production of other parts was outsourced to locations in other
countries, such as India.

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 the sales
and/or production of plunger lift assembly parts at PCS
Ferguson, Inc., a division of ChampionX, Frederick, Colorado,
have decreased.

Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by PCS Ferguson, Inc., a division of ChampionX,
Frederick, Colorado, have increased.

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 PCS Ferguson,
Inc., a division of ChampionX, Frederick, Colorado.

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 criterion II has
not been met. The investigation revealed that the workers in the
workers' firm possess skills that are easily transferable.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of PCS Ferguson, Inc., a
division of ChampionX, Frederick, Colorado, who are engaged in
activities related to the production and distribution of plunger
lift assembly parts, 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 PCS Ferguson, Inc., a division of
ChampionX, Frederick, Colorado, who became totally or
partially separated from employment on or after March 24,
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 PCS Ferguson, Inc., a
division of ChampionX, Frederick, Colorado, 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 24th day of May, 2022.



/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER

Certifying Officer, Office of

Trade Adjustment Assistance