[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR315.9]

[Page 520-521]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
CHAPTER III--ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 315--CERTIFICATION AND ADJUSTMENT ASSISTANCE FOR FIRMS--Table of Contents
 
                    Subpart C--Certification of Firms
 
Sec. 315.9  Certification requirements.


    A firm will be certified eligible to apply for adjustment assistance 
based upon the petition for certification if EDA determines, under 
section 251(c) of the Trade Act, that:
    (a) Based upon a comparison of the most recent 12 month period for 
which data are available and the immediately preceding 12 month period, 
the following conditions have been met:
    (1) A significant number or proportion of workers in such firm have 
become totally or partially separated, or are threatened to become 
totally or partially separated;
    (2) Either sales or production, or both of the firm have decreased 
absolutely; or sales or production, or both of any article that 
accounted for not less than 25 percent of the total production or sales 
of the firm during the 12-month period preceding the most recent 12-
month period for which data are available have decreased absolutely; and
    (3) Increases of imports (absolute or relative to domestic 
production) of articles like or directly competitive with articles 
produced by such firm contributed importantly to such total or partial 
separation or threat thereof, and to such decline in sales or 
production; provided that imports will not be considered to have 
contributed importantly if other factors were so dominant, acting singly 
or in combination, that the worker separation or threat thereof, or 
decline in sales or production would have been essentially the same 
irrespective of the influence of imports; or
    (b) Based upon an interim sales or production decline, the following 
conditions have been met:
    (1) There has been an absolute decrease in sales or production for, 
at minimum, a three month period during the most recent 12 month period 
for which data are available as compared to the same period of time 
during the immediately preceding 12 month period;
    (2) During the same base and comparative period of time as the 
period of absolute decrease in sales or production, a significant number 
or proportion of workers in such firm have become totally or partially 
separated; and
    (3) During the same base and comparative period of time as the 
period of absolute decrease in sales or production, there has been an 
increase of imports (absolute or relative to domestic production) of 
articles like or directly competitive with articles produced by such 
firm which contributed importantly to such total or partial separation, 
and to such decline in sales or production; provided that imports will 
not be considered to have contributed importantly if other factors were 
so dominant, acting singly or in combination, that the worker 
separation, or decline in sales or production would have been 
essentially the same irrespective of the influence of imports; or
    (c) Based upon an interim employment decline, the following 
conditions have been met:
    (1) A significant number or proportion of workers in such firm have 
become totally or partially separated, or are threatened to become 
totally or partially separated during, at a minimum, the most recent 
month during

[[Page 521]]

the most recent 12 month period for which data are available as compared 
to the same period of time during the immediately preceding 12 month 
period; and
    (2) Either sales or production, or both of the firm have decreased 
absolutely during the 12-month period preceding the most recent 12-month 
period for which data are available; and
    (3) There has been an increase of imports (absolute or relative to 
domestic production) of articles like or directly competitive with 
articles produced by such firm which contributed importantly to such 
total or partial separation or threat thereof, and to such decline in 
sales or production; provided that imports will not be considered to 
have contributed importantly if other factors were so dominant, acting 
singly or in combination, that the worker separation or threat thereof, 
or decline in sales or production would have been essentially the same 
irrespective of the influence of imports.

[65 FR 71026, Nov. 28, 2000]