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TAA Decision 98018

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-98,018 

PRISMVIEW LLC 

LOGAN, UTAH 

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 27, 2021 and 
filed on July 28, 2021 by two (2) workers, on behalf of former 
workers of Prismview LLC, Logan, Utah (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 LED signage and displays. 

The petition alleges that worker separations, or threats 
thereof, were due to "Our production was moved to Mexico." 

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 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 the decline in 
employment is related to a shift in production of LED signage and 
displays 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). 

Section 246(a)(3)(A)(ii)(I) has been met because a 
significant number of workers in the workers' firm are 50 years of 
age or older. 

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 Prismview LLC, Logan, 
Utah, who are engaged in activities related to the production of 
LED signage and displays, 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 Prismview LLC, Logan, Utah, who became totally 
or partially separated from employment on or after July 27, 
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 Prismview LLC, Logan, 
Utah 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 30th day of August, 2021 



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

Certifying Officer, Office of 

Trade Adjustment Assistance 



      

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