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TAA Decision 98007

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-98,007 

CUBIC ITS, INC. (FKA TRAFFICWARE) 

MANUFACTURING DIVISION 

SUGAR LAND, TEXAS 

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 July 16, 2021 and 
filed on July 19, 2021 by a State Workforce Office, on behalf of 
workers of Cubic ITS, Inc. (fka Trafficware), Manufacturing 
Division, Sugar Land, Texas (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 traffic light stop box systems; workers are not 
considered separately identifiable. 

The petition alleges that worker separations, or threats 
thereof, were due to a, "Possible shift of production outside the 
United States along with the increase of imports of rare earth 
metals that are used in manufacturing." 

During the course of the investigation, the Department 
collected information from the petitioner and the workers' firm. 

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 of a shift in 
production of traffic light stop box systems to a foreign country 
that is party to a free trade agreement with the United States. 

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 II has not been 
met. 

The investigation revealed that the workers in the workers' 
firm do not possess skills that are not easily transferable. 

Conclusion 

After careful review of the facts obtained in the 
investigation, I determine that workers of Cubic ITS, Inc. (fka 

Trafficware), Manufacturing Division, Sugar Land, Texas, who are 
engaged in activities related to the production of traffic light 
stop box systems 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 Cubic ITS, Inc. (fka Trafficware), 
Manufacturing Division, Sugar Land, Texas, who became totally 
or partially separated from employment on or after July 16, 
2020, 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 Cubic ITS, Inc. (fka 
Trafficware), Manufacturing Division, Sugar Land, Texas 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 3rd day of September, 2021 


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK 

Certifying Officer, Office of 

Trade Adjustment Assistance 


      

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