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TAA Decision 98017

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-98,017 

FUJIFILM MANUFACTURING USA INC. 

GRAPHICS AND IMAGING DIVISION 

A SUBSIDIARY OF FUJIFILM HOLDING AMERICA CORPORATION 

GREENWOOD, SOUTH CAROLINA 

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 26, 2021 and 
filed on July 27, 2021 by State Workforce Office, on behalf of 
former workers of FujiFilm Manufacturing USA Inc., Graphics and 
Imaging Division, a subsidiary of FujiFilm Holding America 
Corporation, Greenwood, South Carolina (FujiFilm/Graphics and 
Imaging-Greenwood). In accordance with 20 C.F.R. 618.110 a 
worker group is defined as, ""¦inclusive of teleworkers and 
staffed workers." 

FujiFilm/Graphics and Imaging-Greenwood is engaged in 
activities related to the production of photography equipment 
and supplies and are separately identifiable by article 
produced. 

The petition alleges that worker separations, or threats 
thereof, were due to a shift in production to another country. 

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

Section 222(a)(1) has been met because a significant 
number or proportion of the workers in FujiFilm/Graphics and 
Imaging-Greenwood have become totally or partially separated, or 
are threatened to become totally or partially separated. 

Section 222(a)(2)(B) has been met because there has been a 
shift in production by the workers' firm 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 are adverse. 

The Department has determined that criteria (II) and (III) 
have not been met because workers in FujiFilm/Graphics and 
Imaging-Greenwood possess skills that are easily transferable 
and conditions within the workers' industry are not adverse. 

Conclusion 

After careful review of the facts obtained in the 
investigation, I determine that the subject worker group meets 
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 FujiFilm Manufacturing USA Inc., Graphics 
and Imaging Division, a subsidiary of FujiFilm Holding 
America Corporation, Greenwood, South Carolina, who became 
totally or partially separated from employment on or after 
July 26, 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 FujiFilm Manufacturing USA Inc., Graphics and Imaging 
division, a subsidiary of FujiFilm Holding America 
Corporation, Greenwood, South Carolina 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 17th day of September, 2021 

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN 

Certifying Officer, Office of 

Trade Adjustment Assistance 


      

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