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TAA Decision 75230


Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,230

EVERGREEN SOLAR, INC.
DEVENS MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS FROM 
ADVANTAGE TECHNICAL RESOURCING AND KELLY SERVICES
DEVENS, MASSACHUSETTS

TA-W-75,230A

EVERGREEN SOLAR, INC.
RESEARCH AND DEVELOPMENT CENTER
INCLUDING ON-SITE LEASED WORKERS FROM 
ADVANTAGE TECHNICAL RESOURCING AND KELLY SERVICES
MARLBORO, MASSACHUSETTS

TA-W-75,230B

EVERGREEN SOLAR, INC.
CORPORATE HEADQUARTERS
INCLUDING ON-SITE LEASED WORKERS FROM 
ADVANTAGE TECHNICAL RESOURCING AND KELLY SERVICES
MARLBORO, MASSACHUSETTS

Certification 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.
      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:
I.	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.

II.	The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(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
(i)(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.

III.	The third criterion requires that the shift/acquisition 
must have contributed importantly to the workers' 
separation or threat of separation.  See Section 
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §  
2272(a)(2)(B)(ii).
  
	The investigation was initiated in response to a petition 
filed on February 11, 2011 by a state workforce office on 
behalf of Evergreen Solar, Inc., Devens Manufacturing, Devens, 
Massachusetts (TA-W-75,230), Evergreen Solar, Inc., Research 
and Development Center, Marlboro, Massachusetts (TA-W-
75,230A), Evergreen Solar, Inc., Corporate Headquarters, 
Marlboro, Massachusetts (TA-W-75,230B); herein known as 
Evergreen Solar, Inc.  The workers are engaged in activities 
related to the production of solar panels.
	The worker group includes on-site leased workers from 
Advantage Technical Resourcing and Kelly Services.
      The investigation revealed that workers of Evergreen Solar, 
Inc. who are engaged in activities related to the production of 
solar panels meet the criteria for certification.  
      Criterion I has been met because a significant number or 
proportion of workers within the workers' firm have been 
separated or threatened with worker separation.  
      Criterion II has been met because the workers' firm has 
acquired from a foreign country articles like or directly 
competitive with articles produced by the workers. 
      Criterion III has been met because the acquisition of 
solar panels from China by Evergreen Solar, Inc. contributed 
importantly to worker group separations at Evergreen Solar, 
Inc.
Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of Evergreen Solar, 
Inc., Devens Manufacturing, including on-site leased workers 
from Advantage Technical Resourcing and Kelly Services, Devens, 
Massachusetts (TA-W-75,230), Evergreen Solar, Inc., Research 
and Development Center, including on-site leased workers from 
Advantage Technical Resourcing and Kelly Services, Marlboro, 
Massachusetts (TA-W-75,230A), Evergreen Solar, Inc., Corporate 
Headquarters, including on-site leased workers from Advantage 
Technical Resourcing and Kelly Services, Marlboro, Massachusetts 
(TA-W-75,230B), who are engaged in activities related to the 
production of solar panels 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 Evergreen Solar, Inc., Devens 
Manufacturing, including on-site leased workers from 
Advantage Technical Resourcing and Kelly Services, Devens, 
Massachusetts (TA-W-75,230), Evergreen Solar, Inc., 
Research and Development Center, including on-site leased 
workers from Advantage Technical Resourcing and Kelly 
Services, Marlboro, Massachusetts (TA-W-75,230A), 
Evergreen Solar, Inc., Corporate Headquarters, including 
on-site leased workers from Advantage Technical Resourcing 
and Kelly Services, Marlboro, Massachusetts (TA-W-
75,230B), who became totally or partially separated from 
employment on or after February 10, 2010, through two years 
from the date of 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 17th day of March, 2011


						/s/Elliott S. Kushner
                                    __________________________________
                                    ELLIOTT S. KUSHNER
                                    Certifying Officer, Office of 
                                    Trade Adjustment Assistance





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