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TAW-98213  /  Boyd Corporation (Gaffney, SC)

Petitioner Type: State
Impact Date: 03/03/2021
Filed Date: 03/04/2022
Most Recent Update: 06/28/2022
Determination Date: 06/28/2022
Expiration Date: 06/28/2024



UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,213

BOYD CORPORATION

GAFFNEY, SOUTH 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 March 3, 2022 and
filed on March 4, 2022 by State workforce official, on behalf of
former workers of Boyd Corporation, Gaffney, South Carolina
(hereafter referred to as the "worker group"). In accordance with
20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of
teleworkers and staffed workers."

The worker group is engaged in activities related to the
production of gaskets, environmental seals, adhesive systems,
airflow baffles, recirculation shields, and other polymeric
components.

The petition alleges that worker separations, or threats
thereof, were due to, "WARN issued with announcement of closure
planned 10-1-22. Company manufactures high-tech thermal sealing
technologies for medical, industrial, aerospace, and other
components."

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 portion of
production of gaskets, environmental seals, adhesive systems,
airflow baffles, recirculation shields, and other polymeric
components has been shifted by the firm to a foreign country and
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.

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 criterion
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 Boyd Corporation,
Gaffney, South Carolina, who are engaged in activities related
to the production of gaskets, environmental seals, adhesive
systems, airflow baffles, recirculation shields, and other
polymeric components 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 Boyd Corporation, Gaffney, South Carolina,
who became totally or partially separated from employment
on or after March 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 Boyd Corporation, Gaffney, South Carolina 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 28th day of June, 2022



/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER

Certifying Officer, Office of

Trade Adjustment Assistance