Skip to content
  ETA Home / Trade Act Programs / Taa / Taadecisions /  

TAA Decision 97013

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

        UNITED STATES DEPARTMENT OF LABOR 
Employment and Training Administration 
TA-W-97,013 
HILCORP ALASKA LLC 

PRUDHOE BAY, ALASKA 
Negative Determination Regarding Eligibility 
To Apply for Trade Adjustment Assistance for Workers 

In accordance with Section 223 of the Trade Act of 1974, as amended ("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 investigation was initiated in response to a TAA petition dated June 24, 2021 and 
filed on June 25, 2021 by a State Workforce Office, on behalf of workers and former workers 
of Hilcorp Alaska LLC, Prudhoe Bay, Alaska (hereafter referred to as a "group of workers"). In 
accordance with 20 C.F.R. 618 a group of workers is defined as, ""¦inclusive of teleworkers and 
staffed workers." 

The group of workers is engaged in activities related to the production of oil and gas and 
are not separately identifiable by product. 

The petition alleged that worker separations, or threats thereof, were due to increased 
imports of competitive articles. 

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

Workers of a firm may be eligible for TAA if they satisfy the criteria of subsection (a), (b) 
or (e) of Section 222 of the Trade Act, 19 U.S.C. § 2272(a), (b) and (e). 

For the Department to issue a certification for workers under Section 222(a) of the Trade 
Act, 19 U.S.C. § 2272(a), the following criteria must be met: 

Employment Criterion 

(1) 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. 

20 C.F.R. 618.225(a)(2)(i)(B) states that an "analysis of separation data must generally 
consist of a: (1) Comparison of employment on the petition date to employment on the date that is 

1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior 
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual 
and threatened separations that occur, or are scheduled to occur, after the petition date." 

The Department determines that the employment criterion has not been met. The workers' 
firm did not separate or threaten to separate a significant number or proportion of workers. 

Decreased Sales or Production Criterion 

(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely. 

The Department did not make a determination on whether the sales or production criterion 
was met because the employment criterion was not met. 

Increased Imports Criterion 
(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles 
produced or services supplied by such firm have increased; 
(II)(aa) imports of articles like or directly competitive with articles into which one 
or more component parts produced by such firm are directly incorporated have 
increased; 
(bb) imports of articles like or directly competitive with articles which are produced 
directly using services supplied by such firm, have increased; 

(III) imports of articles directly incorporating one or more component parts produced 
outside the United States that are like or directly competitive with imports of articles 
incorporating one or more component parts produced by such firm have increased. 
The Department did not make a determination on whether the increased imports criterion 
was met because no finding regarding the decreased sales or production criterion was made. 

Contributed Importantly Criterion 
(2)(A)(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. 

The Department did not make a determination on whether the contributed importantly 
criterion was met because no finding regarding the increased imports criterion was made. 

Shift/Acquisition Criterion 
(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production 
of articles or the supply of services like or directly competitive with articles which 
are produced or services which are supplied by such firm; or 

(II) such workers' firm has acquired from a foreign country articles or services that 
are like or directly competitive with articles which are produced or services which 
are supplied by such firm; 

The Department did not make a determination on whether the shift/acquisition criterion 
was met because the employment criterion was not met. 

Contributed Importantly Criterion 

(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. 
The Department did not make a determination on whether the contributed importantly 
criterion was met because no finding regarding the shift/acquisition criterion was made. 

For the Department to issue a certification for workers under Section 222(b) of the Trade 

Act, 19 U.S.C. § 2272(b), the following criteria must be met: 

Employment Criterion 

(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. 
20 C.F.R. 618.225(a)(2)(i)(B) states that an "analysis of separation data must generally 
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is 

1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior 
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual 
and threatened separations that occur, or are scheduled to occur, after the petition date." 

The Department determines that the employment criterion has not been met. The workers' 
firm did not separate or threaten to separate a significant number or proportion of workers. 

Supplier/Downstream Producer Criterion 

(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 subsection (a), and such supply 
or production is related to the article or service that was the basis for such certification 
(as defined in subsection (c) (3)and (4)); and 
The Department did not make a determination on whether the supplier/downstream 
producer criterion was met because the employment criterion was not met. 

20% or Contributed Importantly Criterion 

(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 determined 
under paragraph (I). 

The Department did not make a determination on whether the 20% or contributed 
importantly criterion was met because no finding regarding the supplier/downstream producer 
criterion was made. 

For the Department to issue a certification for workers under Section 222(e) of the Act, 19 

U.S.C. § 2272(e), the following criteria must be met: 
Member of Domestic Industry Criterion 

(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)); 
The Department determines that the member of a domestic industry criterion has not been 
met. The workers' firm was not named in an final affirmative determination by the ITC. 

Timely Petition Filing Criterion 

(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 (B) or (C) of 
paragraph (1) is published in the Federal Register; and 
The Department did not make a determination on whether the timely petition filing criterion 
was met because the member of domestic industry criterion was not met. 

Employment Criterion 

(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 Department did not make a determination on whether the employment criterion was 
met because no finding regarding the timely petition filing criterion was made. 

Conclusion 

After careful review of the facts obtained in the investigation, I determine that the 
requirements of Section 222 of the Trade Act, 19 U.S.C. § 2272, have not been met and, therefore, 
deny the petition for group eligibility of Hilcorp Alaska LLC, Prudhoe Bay, Alaska, who are 
engaged in activities related to the production of oil and gas to apply for Trade Adjustment 
Assistance for workers, in accordance with Section 223 of the Trade Act, 19 U.S.C. § 2273. 
Signed in Washington, D.C. this 22nd day of September, 2021 

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


      

Text only version