[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR315.7]

[Page 645-646]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
CHAPTER III--ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 315_TRADE ADJUSTMENT ASSISTANCE FOR FIRMS--Table of Contents
 
                    Subpart B_Certification of Firms
 
Sec.  315.7  Certification requirements.


    (a) EDA may certify a Firm as eligible to apply for Adjustment 
Assistance under section 251(c) of the Trade Act if it determines that 
the petition for certification meets one of the requirements set forth 
in paragraph (b) of this section. In order to be certified, a Firm must 
meet the criteria listed under any one of the three (3) circumstances in 
paragraph (b) of this section.
    (b)(1) Twelve-month (12) decline. Based upon a comparison of the 
most recent twelve-month (12) period for which data are available and 
the immediately preceding twelve-month (12) period:
    (i) A Significant Number or Proportion of Workers in the Firm has 
undergone Total or Partial Separation or a Threat of Total or Partial 
Separation;
    (ii) Either sales or production of the Firm has Decreased 
Absolutely; or sales or production, or both, of any article that 
accounted for not less than twenty-five (25) percent of the total 
production or sales of the Firm during the twelve-month (12) period 
preceding

[[Page 646]]

the most recent twelve-month (12) period for which data are available 
have Decreased Absolutely; and
    (iii) An Increase in Imports has occurred; or
    (2) Interim sales or production decline. Based upon an interim sales 
or production decline:
    (i) Sales or production has Decreased Absolutely for, at minimum, 
the most recent six-month (6) period during the most recent twelve-month 
(12) period for which data are available as compared to the same six-
month (6) period during the immediately preceding twelve-month (12) 
period;
    (ii) During the same base and comparative period of time as sales or 
production has Decreased Absolutely, a Significant Number or Proportion 
of Workers in such Firm has undergone Total or Partial Separation or a 
Threat of Total or Partial Separation; and
    (iii) During the same base and comparative period of time as sales 
or production has Decreased Absolutely, an Increase in Imports has 
occurred; or
    (3) Interim employment decline. Based upon an interim employment 
decline:
    (i) A Significant Number or Proportion of Workers in such Firm has 
undergone Total or Partial Separation or a Threat of Total or Partial 
Separation during, at a minimum, the most recent six-month (6) period 
during the most recent twelve-month (12) period for which data are 
available as compared to the same six-month (6) period during the 
immediately preceding twelve-month (12) period; and
    (ii) Either sales or production of the Firm has Decreased Absolutely 
during the twelve-month (12) period preceding the most recent twelve-
month (12) period for which data are available; and
    (iii) An Increase in Imports has occurred.