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TAW-98252  /  KPI Concepts, LLC (West Burlington, IA)

Petitioner Type: State
Impact Date: 04/07/2021
Filed Date: 04/08/2022
Most Recent Update: 06/18/2022
Determination Date: 06/18/2022
Expiration Date: 06/18/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,252

KPI CONCEPTS,LLC

KPI COMPOSITES DIVISION

WEST BURLINGTON, 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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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 (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 (or subdivision)
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 (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

Section 222(c)(4) of the Act, 19 U.S.C. § 2272(c)(4),
defines the term "Supplier" as "a firm that produces and
supplies directly to another firm (or subdivision) component
parts for articles that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated April 7, 2022, and
filed on April 8, 2022, by a state workforce office, on behalf
of former workers of KPI Concepts, LLC, KPI Composites division,
West Burlington, Iowa (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 wind turbine blade core kits.

The petition alleges that worker separations, or threats
thereof, were due to a decrease in sales/production to a firm
that employed a group of workers who received a certification of
eligibility under Section 222(a) of the Act.

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

Section 222(b)(1) has been met because 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.

Section 222(b)(2) has been met because KPI Concepts, LLC,
KPI Composites division, West Burlington, Iowa, is a Supplier to
a firm (or subdivision, whichever is applicable) 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 is related to the actual finished article that was the
basis for such certification.

Section 222(b)(3)(A) has been met because the wind turbine
blade core kits produced by KPI Concepts, LLC, KPI Composites
division, West Burlington, Iowa, for a firm that employed a
worker group who received a certification of eligibility
accounted for at least 20 percent of the production or sales
of KPI Concepts, LLC, KPI Composites division, West Burlington,
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 of Labor 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 have been 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 region.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of KPI Concepts, LLC, KPI
Composites division, West Burlington, Iowa, who are engaged in
activities related to the production of wind turbine blade core
kits meet the worker group certification criteria under Section

222(b) of the Act, 19 U.S.C. § 2272(b). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:

"All workers of KPI Concepts, LLC, KPI Composites division,
West Burlington, Iowa, who became totally or partially
separated from employment on or after April 7, 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 KPI Concepts, LLC, KPI
Composites division, West Burlington, 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 18th day of June, 2022.



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

Certifying Officer, Office of

Trade Adjustment Assistance