Page:United States Statutes at Large Volume 116 Part 2.djvu/156

 X 116 STAT. 938 PUBLIC LAW 107-210—AUG. 6, 2002 "(iii) the increase in imports described in clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or "(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 country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery 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."; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: "(b) ADVERSELY AFFECTED SECONDARY WORKERS. — A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for trade adjustment assistance benefits under this chapter if the Secretary determines that— "(1) a significant number or proportion of the workers in the 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) the workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility under subsection (a), and such supply or production is related to the article that was the basis for such certification (as defined in subsection (c)(3) and (4)); and "(3) either— "(A) the workers' firm is a supplier and the component parts it supplied to the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or "(B) a loss of business by the workers' firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers' separation or threat of separation determined under paragraph (1).". 19 USC 2272. (b) DEFINITIONS. — Section 222(c) of such Act, as redesignated by paragraph (1)(A), is amended— (1) in the matter preceding paragraph (1), by striking "subsection (a)(3)" and inserting "this section"; and (2) by adding at the end the following: "(3) DOWNSTREAM PRODUCER. —The term 'downstream producer' means a firm that performs additional, value-added production processes for a firm or subdivision, including a firm that performs final assembly or finishing, directly for another firm (or subdivision), for articles that were the basis for a certification of eligibility under subsection (a) of a group of

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