TAW-98240 / Flowserve Corporation, Aftermarket Service & Solutions Division (Tulsa, OK)
Petitioner Type: State
Impact Date: 03/25/2021
Filed Date: 03/28/2022
Most Recent Update: 04/13/2022
Determination Date: 04/13/2022
Expiration Date: 04/13/2024
Employment and Training Administration
TA-W-98,240
FLOWSERVE CORPORATION
AFTERMARKET SERVICE AND SOLUTIONS DIVISION
TULSA OK SEALS SYSTEMS MANUFACTORING OPERATIONS
TULSA, OKLAHOMA
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 March 25, 2022 and
filed on March 28, 2022, by a State Workforce Office on behalf of
former workers of Flowserve Corporation, Aftermarket Service and
Solutions Division, Tulsa OK Seals Systems Manufacturing
Operations, Tulsa, Oklahoma (hereafter referred to "Flowserv-
Tulsa OK Seals Systems"). In accordance with 20 C.F.R. 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers." Workers of Flowserv-Tulsa OK Seals Systems are engaged
in activities related to the production of seals systems.
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 Flowserv-Tulsa OK Seals Systems
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 seals systems, 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 (the Act), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for 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).
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 Flowserv-Tulsa OK Seals
Systems, who are engaged in activities related to the production
of seals systems, 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 Flowserve Corporation, Aftermarket Service
and Solutions Division, Tulsa OK Seals Systems
Manufacturing Operations, Tulsa, Oklahoma, who became
totally or partially separated from employment on or after
March 25, 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 13th day of April, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance