DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,121

REC SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF RENEWABLE ENERGY CORPORATION ASA
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
REC SOLAR GRADE SILICON LLC
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
MOSES LAKE, WASHINGTON

TA-W-91,121A

REC SILICON ASA
A WHOLLY OWNED SUBSIDIARY OF REC SOLAR GRADE SILICON LLC
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
REC ADVANCED SILICON MATERIALS
SILVER BOW, MONTANA

TA-W-91,121B

NEMO IT SOLUTIONS
WORKING ON-SITE AT REC SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF RENEWABLE ENERGY CORPORATION ASA
MOSES LAKE, WASHINGTON

TA-W-91,121C

SPHERION STAFFING LLC
WORKING ON-SITE AT REC SILICON ASA
A WHOLLY OWNED SUBSIDIARY OF REC SOLAR GRADE SILICON LLC
SILVER BOW, MONTANA

Notice of Revised Determination
on Reconsideration

On May 16, 2016, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of REC Silicon LLC, a wholly owned
subsidiary of Renewable Energy Corporation ASA, Moses Lake,
Washington (TA-W-91,121), and REC Silicon ASA, a wholly owned
subsidiary of REC Solar Grade Silicon LLC, Silver Bow, Montana
(TA-W-91,121A) (herein referred to as “REC Silicon”). The firm
is engaged in activities related to the production of Silane Gas
and Polysilicon. The worker group was previously certified
eligible to apply for Trade Adjustment Assistance under petition
number TA-W-82,458 and TA-W-82,458A which expired on March 22,
2015. The subject worker group includes on-site leased workers
from Express Employment Professionals (TA-W-91,121), Nemo IT
Solutions (TA-W-91,121B), and Spherion Staffing, LLC (TA-W-
91,121C). Nemo IT Solutions and Spherion Staffing, LLC were not
included in the certification for TA-W-82,458. The subject
worker group also includes workers whose wages were reported
under REC Solar Grade Silicon (TA-W-91,121) and REC Advanced
Silicon Materials (TA-W-91,121A).
To support the request for reconsideration, the petitioner
supplied additional information regarding the firms’ previous
certification to supplement that which was gathered during the
initial investigation.
Based on the new information supplied by the firm and provided
by the petitioner during the reconsideration investigation, the
Department of Labor determines that a shift in production of silane
gas and polysilicon has contributed importantly to the worker
separations at the subject firm.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of REC Silicon LLC, a
wholly owned subsidiary of Renewable Energy Corporation ASA,
including workers whose wages were reported under REC Solar Grade
Silicon LLC, including on-site leased workers from Express
Employment Professionals, Moses Lake, Washington (TA-W-91,121),
REC Silicon ASA, a wholly owned subsidiary of REC Solar Grade
Silicon LLC, including workers whose wages were reported under
REC Advanced Silicon Materials, Silver Bow, Montana (TA-W-
91,121A), NEMO IT Solutions, working on-site at REC Silicon LLC,
a wholly owned subsidiary of Renewable Energy Corporation ASA,
Moses Lake, Washington (TA-W-91,121B), and Spherion Staffing LLC,
working on-site at REC Silicon ASA, a wholly owned subsidiary of
REC Solar Grade Silicon LLC, Silver Bow, Montana (TA-W-91,121C)
who were engaged in employment related to production of saline gas
and polysilicon, 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 REC Silicon LLC, a wholly owned subsidiary of
Renewable Energy Corporation ASA, including workers whose
wages were reported under REC Solar Grade Silicon LLC,
including on-site leased workers from Express Employment
Professionals, Moses Lake, Washington (TA-W-91,121), REC
Silicon ASA, a wholly owned subsidiary of REC Solar Grade
Silicon LLC, including workers whose wages were reported
under REC Advanced Silicon Materials, Silver Bow, Montana
(TA-W-91,121A), who became totally or partially separated from
employment on or after March 23, 2015, through two years from
the date of this certification, and all workers in the group
threatened with total or partial separation from employment on
date of certification 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,

All workers of NEMO IT Solutions, working on-site at REC
Silicon LLC, a wholly owned subsidiary of Renewable Energy
Corporation ASA, Moses Lake, Washington (TA-W-91,121B) and
Spherion Staffing LLC, working on-site at REC Silicon ASA, a
wholly owned subsidiary of REC Solar Grade Silicon LLC,
Silver Bow, Montana (TA-W-91,121C) who became totally or
partially separated from employment on or after November 4,
2014, through two years from the date of this certification,
and all workers in the group threatened with total or partial
separation from employment on date of certification 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.”

Signed in Washington, D.C., this 18th day of October, 2016


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,121

REC SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF RENEWABLE ENERGY CORPORATION ASA
REC SOLAR GRADE SILICON LLC
REC ADVANCED SILICON MATERIALS
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS SERVICES, SPHERION STAFFING LLC, AND NEMO IT SOLUTIONS
MOSES LAKE, WASHINGTON

TA-W-91,121A

REC SILICON ASA
A WHOLLY OWNED SUBSIDIARY OF REC SOLAR GRADE SILICON LLC
REC ADVANCED SILICON MATERIALS
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS SERVICES, SPHERION STAFFING LLC, AND NEMO IT SOLUTIONS
SILVER BOW, MONTANA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 21, 2016 a company official
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
REC Silicon LLC, a wholly owned subsidiary of Renewable Energy
Corporation ASA, REC Solar Grad Silicon LLC, REC Advanced Silicon
Materials, including on-site leased workers from Express Services,
Spherion Staffing LLC, and Nemo IT Solutions, Moses Lake,
Washington (TA-W-91,121) and REC Silicon ASA, a wholly owned
subsidiary of REC Solar Grade Silicon LLC, REC Advanced Silicon
Materials, including on-site leased workers from, Express Services,
Spherion Staffing LLC, and Nemo IT Solutions, Silver Bow, Montana
(TA-W-91,121A) herein referred to as “REC Silicon”. The
determination was issued on February 26, 2016 and the Notice of
Determination was published in the Federal Register on March 24,
2016 (81 FR 15749).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on the findings that the firm did not shift production to a
foreign country or acquire articles from a foreign country.
Furthermore, imports of like or directly competitive polysilicon
and saline gas did not increase and the firm was not a Supplier or
a Downstream Producer to a firm whose worker group has been
certified eligible to apply for Trade Adjustment Assistance.
Lastly, and the firm has not been identified by the International
Trade Commission a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.
The request for reconsideration asserts that the Department
did not fully look into the requirements of Section 222(a)(1); more
specifically, Section 222(a)(2)(B) citing an identical application
they filed in 2013 in which their workers were certified eligible
to apply for Trade Adjustment Assistance.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 16th day of May, 2016
/s/ Hope D. Kinglock
_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance







DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,121

REC SILICON LLC
A WHOLLY OWNED SUBSIDIARY OF RENEWABLE ENERGY CORPORATION ASA
REC SOLAR GRADE SILICON LLC
REC ADVANCED SILICON MATERIALS
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS SERVICES, SPHERION STAFFING LLC, AND NEMO IT SOLUTIONS
MOSES LAKE, WASHINGTON

TA-W-91,121A

REC SILICON ASA
A WHOLLY OWNED SUBSIDIARY OF REC SOLAR GRADE SILICON LLC
REC ADVANCED SILICON MATERIALS
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS SERVICES, SPHERION STAFFING LLC, AND NEMO IT SOLUTIONS
SILVER BOW, MONTANA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 or
service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on November 10, 2015, by a company official on behalf of
workers of REC Silicon LLC, a wholly owned subsidiary of
Renewable Energy Corporation ASA, REC Solar Grade Silicon LLC,
REC Advanced Silicon Materials, Moses Lake, Washington (TA-W-
91,121), and REC Silicon ASA, a wholly owned subsidiary of REC
Solar Grade Silicon LLC, REC Advanced Silicon Materials, Silver
Bow, Montana (TA-W-91,121A) (hereafter referred to as "REC
Silicon"). The workers' firm is engaged in activities related to
the production of silane gas and polysilicon. Workers are not
separately identifiable by article produced.
The subject firm includes on-site leased workers from
Express Services, Spherion Staffing LLC, and NEMO IT Solutions.
The petitioner alleged "Loss of sales contracts, lower
sales prices due to foreign competition" contributed to worker
separations at REC Silicon.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of articles like or directly
competitive with the silane gas and polysilicon produced by REC
Silicon have not increased during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
production of silane gas and polysilicon, or like or directly
competitive articles, to a foreign country or acquire the
production of silane gas and polysilicon, or like or directly
competitive articles, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that REC Silicon 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that REC Silicon 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of REC Silicon LLC, a
wholly owned subsidiary of Renewable Energy Corporation ASA, REC
Solar Grade Silicon LLC, REC Advanced Silicon Materials,
including on-site leased workers from Express Services, Spherion
Staffing LLC, and NEMO IT Solutions, Moses Lake, Washington (TA-
W-91,121), and REC Silicon ASA, a wholly owned subsidiary of REC
Solar Grade Silicon LLC, REC Advanced Silicon Materials,
including on-site leased workers from Express Services, Spherion
Staffing LLC, and NEMO IT Solutions, Silver Bow, Montana (TA-W-
91,121A), to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 26th day of February 2016.

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance