Petitioner Type: Workers
Impact Date: 04/15/2021
Filed Date: 04/18/2022
Most Recent Update: 05/25/2022
Determination Date: 05/25/2022
Expiration Date: 05/25/2024
Employment and Training Administration
TA-W-98,264
HANWHA ADVANCED MATERIALS AMERICA LLC
SHELBY PLANT
SHELBY, NORTH 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 April 15, 2022 and
filed on April 18, 2022 by two workers, on behalf of former workers
of Hanwha Advanced Materials America LLC, Shelby Plant, Shelby,
North Carolina (hereafter referred to as the "group of workers").
In accordance with 20 CFR 618.110 a worker group is defined as,
""¦inclusive of teleworkers and staffed workers."
The group of workers is engaged in activities related to the
production of glass fiber mat reinforced thermoplastics (GMT)
sheet.
The petition alleges that worker separations, or threats
thereof, were due to, "All GMT products that were being produced
in the Shelby facility are now being consolidated to the overseas
South Korean production facility."
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)(B) has been met because a shift in
production of GMT sheet to a foreign country that is party to a
free trade agreement with the United States has occurred.
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.
Section 246(a)(3)(A)(ii)(II) has not been met because the
workers in the workers' firm possess skills that are easily
transferrable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hanwha Advanced
Materials America LLC, Shelby Plant, Shelby, North Carolina,
engaged in activities related to the production of glass fiber mat
reinforced thermoplastics (GMT) sheet, 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 Hanwha Advanced Materials America LLC, Shelby
Plant, Shelby, North Carolina, who became totally or
partially separated from employment on or after April 15,
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 Hanwha Advanced
Materials America LLC, Shelby Plant, Shelby, North Carolina,
are denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974,
as amended."
Signed in Washington, D. C. this 25th day of May, 2022.
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance