FORMS USED TO ASSESS WORKER GROUP ELIGIBILITY FOR TAA
How information collected on forms will be used - The U.S. Department of Labor will use the information contained on these forms to determine whether a group of workers meet the certification criteria for eligibility to apply for TAA under the Trade Act of 1974, as amended.
To find out more about the statutory criteria used to determine a petitioning worker group's eligibility for TAA, click here.
Confidentiality - The U.S. Department of Labor will protect the confidentiality of the information you provide to the full extent of the law, in accordance with the Trade Act, 19 USC 2272 (e)(3)(c), the Trade Secrets Act, 18 USC 1905, the Freedom of Information Act, 5 U.S.C. 552, and 29 CFR Parts 70 and 90. In particular, section 222(e)(3)(C) of the Trade Act protects the confidentiality of information the Department considers to be confidential business information when you submit it to the Department in a response to a questionnaire or other information request. This new provision of the Trade Act prohibits the Department from releasing such information unless the firm or customer providing the information had notice, at the time of submission, that the information would be released or the firm or customer consents to the release of the information, except that the Department is not prohibited from providing such information to a court in camera or to another party under a protective order issued by a court.
FORMS and FORM DESCRIPTIONS
The Trade Act directs the Department to obtain from the workers' firm (the "subject company") or a customer of the subject company, information that is necessary to make a determination on a petition, and identifies questionnaires as an appropriate method for the Department's collection of such information. Therefore, these forms are the initial data collection step in the investigation to determine whether the worker group meets TAA group eligibility criteria. They must be filled out by an official of the subject company or customer of the subject company who has sufficient knowledge of the subject company/customer to attest that the information provided on the form is true, correct and complete, to the best of his or her knowledge. Knowingly falsifying any information on this form is a Federal offense (18 USC § 1001) and a violation of the Trade Act (19 USC § 2316). Once the Department receives the TAA petition, an investigator will contact the subject company and provide the necessary forms for a company official to complete based on the particular circumstances on the case. The investigator will be available to provide technical assistance.
ETA Forms 9043a and 9043b: Business Confidential Data Requests
These Business Confidential Data Request forms (CDRs) are used to collect data from the “subject company” (the company whose workers are the subject of a TAA petition). This form provides information on employment levels, sales, production, and activity related to imports of articles or services and shifts from the United States to a foreign country of the production or acquisition of articles and supply or acquisition of services. There are separate forms for subject companies that produce articles and those that provide services.
ETA Forms 8562a and 8562a_1: Customer Surveys
A customer survey is sometimes conducted in order to obtain purchasing data from customers listed on the CDR. Customers use this form to provide data on purchases of the articles produced by the worker group(s) of the subject company on whose behalf the petition was filed, purchases of the services provided by the worker group(s), or on finished products that incorporate the articles produced or services provided by the worker group(s).
- "First Tier" Customer Survey (ETA-8562a) - customers purchasing articles or services from the subject company
- "Second Tier" Article Customer Survey (ETA-8562a_1) - customers purchasing articles from customers of the subject company who completed "First Tier" customer surveys
ETA Forms 8562: Bid Survey
This form is used to collect data from the subject company's customers that solicit business through a bid process. This form seeks information from the successful awardee(s) of the project/contract and those that were runner-ups in the competition.
- Bid Survey (ETA-8562)
ETA Form 9118: Company Information Request
This form is used to collect data from companies of workers employed as leased/contract workers in conjunction with or in support of their client (the subject company). This form seeks information on the relationship between the firm employing the leased workers and the client/subject company to determine whether the client/subject firm has operational control over the leased workers.
- Company Information Request (ETA-9118)