Petitioner Type: State
Impact Date: 06/03/2021
Filed Date: 06/06/2022
Most Recent Update: 06/30/2022
Determination Date: 06/30/2022
Expiration Date: 06/30/2024
Employment and Training Administration
TA-W-98,322
EAGLE'S CATCH, LLLP
ELLSWORTH, IOWA
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 June 3, 2022, and
filed on June 6, 2022, by a State Workforce Office, on behalf of
former workers of Eagle's Catch, LLLP, Ellsworth, Iowa (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 farm-raised tilapia. Tilapia is sold to customers as
a live product.
The petition alleges that worker separations, or threats
thereof, were due to, "Business offering fresh/live tilapia is
unable to compete in market experiencing increased imports of
directly competitive articles under HTS 0303.23.00."
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 farm-raised tilapia by Eagle's Catch, LLLP,
Ellsworth, Iowa have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced
by Eagle's Catch, LLLP, Ellsworth, Iowa have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the group of
workers' separations and sales/production declines at Eagle's
Catch, LLLP, Ellsworth, Iowa.
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).
The Department has determined that Section 246(a)(3)(A)(ii)
(II) has not been met. The investigation revealed that the workers
in the workers' firm possess skills that are easily transferable
to other jobs within the workers' region.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eagle's Catch, LLLP,
Ellsworth, Iowa, who are engaged in activities related to the
production of farm-raised tilapia, 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 Eagle's Catch, LLLP, Ellsworth, Iowa, who
became totally or partially separated from employment on or
after June 3, 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
Eagle's Catch, LLLP, Ellsworth, Iowa 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 30th day of June, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance