UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,294

EUROPTEC USA, INC.

CLARKSBURG, WEST VIRGINIA

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 the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:

(A) Increased Imports Path:

(i) sales or production, or both, at the workers' firm must
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 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.

(B) Shift in Production Path:

(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
country under the African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery 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.

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 the
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) the workers' firm is a Supplier or Downstream Producer
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), and such supply or
production is related to the article that was the basis
for such certification; and

(3) either

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

(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed importantly
to 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 May 11, 2022, and
filed on May 12, 2022, by the United Steelworkers, Local 567, on
behalf of former workers of EuropTec USA, Inc., Clarksburg, West
Virginia (hereafter referred to as the "group of workers"). In
accordance with 20 CFR 618.110 a group of workers is defined as,
""¦including teleworkers and staffed workers."

The group of workers is engaged in activities related to the
production of acid etched anti-glare glass used in various
display applications.

The petition alleges that worker separations, or threats
thereof, were due to a shift in production to other offshore
EuropTec facilities in Asia, Switzerland, Germany, Czech Republic,
Hungry, Turkey, and Taiwan.

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

With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed neither sales nor production declined at
EuropTec USA, Inc., Clarksburg, West Virginia during the relevant
period (the 1-year period prior to the petition date compared
to the previous period).

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of acid etched anti-glare glass, or a like or directly
competitive article, to a foreign country. Rather, the
manufacturing of acid etched anti-glare glass is being
discontinued at the EuropTec USA, Inc., Clarksburg, West Virginia
facility.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that EuropTec USA, Inc., Clarksburg, West
Virginia 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), and does not act as a
Downstream Producer 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), based on an increase in imports
from, or a shift in production to, Canada or Mexico. The customers
of the workers' firm do not consist of workers who 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 is 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 EuropTec USA, Inc.,
Clarksburg, West Virginia engaged in activities related to the
production of acid etched anti-glare glass 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, as amended.

Signed in Washington, D.C., this 17th day of June, 2022.


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

Certifying Officer, Office of

Trade Adjustment Assistance