19 U.S.C. § 2273

Determinations by Secretary of Labor

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(a) Certification of eligibility

As soon as possible after the date on which a petition is filed under section 2271 of this title, but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 2272 of this title and shall issue a certification of eligibility to apply for assistance under this subpart covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin.

(b) Workers covered by certificationA certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivision of the firm before his application under section 2291 of this title occurred—(1) more than one year before the date of the petition on which such certification was granted, or(2) more than 6 months before the effective date of this part.(c) Publication of determination in Federal Register

Upon reaching his determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination.

(d) Termination of certification

Whenever the Secretary determines, with respect to any certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 2272 of this title, he shall terminate such certification and promptly have notice of such termination published in the Federal Register together with his reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary.

(Pub. L. 93–618, title II, § 223, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 112(b), Aug. 6, 2002, 116 Stat. 937; Pub. L. 111–5, div. B, title I, §§ 1803, 1858(a), Feb. 17, 2009, 123 Stat. 372, 395; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)Termination of Assistance

For termination of assistance under this part after June 30, 2022, see Termination Date note below.

Editorial NotesReferences in Text

For the effective date of this part, referred to in subsec. (b)(2), see Effective and Termination Date note set out preceding section 2271 of this title.

Codification

Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.

Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.

Amendments

2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

2009—Subsec. (b). Pub. L. 111–5, §§ 1803(1), 1893, temporarily substituted “before the worker’s application under section 2291 of this title occurred more than one year before the date of the petition on which such certification was granted.” for “or appropriate subdivision of the firm before his application under section 2291 of this title occurred—

“(1) more than one year before the date of the petition on which such certification was granted, or

“(2) more than 6 months before the effective date of this part.”

See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (c). Pub. L. 111–5, §§ 1803(2), 1858(a), 1893, temporarily substituted “a determination” for “his determination” and “and on the website of the Department of Labor, together with the Secretary’s reasons” for “together with his reasons”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (d). Pub. L. 111–5, §§ 1803(3), 1893, temporarily substituted “, that total or partial separations from such firm are no longer attributable to the conditions specified in section 2272 of this title, the Secretary shall” for “or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 2272 of this title, he shall” and “and on the website of the Department of Labor, together with the Secretary’s reasons” for “together with his reasons”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (e). Pub. L. 111–5, §§ 1803(4), 1893, temporarily added subsec. (e). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

2002—Subsec. (a). Pub. L. 107–210 substituted “40 days” for “60 days”.

1993—Subsec. (a). Pub. L. 103–182 substituted “assistance under this subpart” for “assistance under this part”.

Statutory Notes and Related SubsidiariesEffective and Termination Dates of 2015 Revival

For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

For reversion, beginning on July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.

Effective and Termination Dates of 2009 Amendment

Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding section 2271 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, formerly set out as a note under section 2271 of this title.

Termination Date

No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

Notes of Decisions

Cited in 99 cases, 1976–2018 · leading case: Donna Kelley v. Sec'y, U.S. Dep't of Labor, 812 F.2d 1378 (Fed. Cir. 1987).

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Donna Kelley v. Sec'y, U.S. Dep't of Labor, 812 F.2d 1378 (Fed. Cir. 1987). · cites it 2× “The Secretary of Labor is required by statute, 19 U.S.C. § 2273 (c) (1982), to publish its final determination in the Federal Register.”

Former Employees of Quality Fabricating, Inc. v. United States Dep't of Labor, 343 F. Supp. 2d 1272 (Ct. Intl. Trade 2004). · cites it 8× “19 U.S.C. § 2273 (2000). Defendant filed a Motion to Dismiss (“Defendant’s Motion”).”

Former Employees of Siemens Info. Commc'n Networks, Inc. v. Herman, 120 F. Supp. 2d 1107 (Ct. Intl. Trade 2000). · cites it 5× “Thereafter, Plaintiffs filed their response, generally alleging that: (1) the sixty-day statutory time period for commencing an action to contest a final determination of the Secretary under 19 U.S.C. § 2273 is subject to equitable tolling; and (2) equitable tolling of the…”

Williams v. Bd. of Review, 948 N.E.2d 561 (Ill. 2011). · cites it 2× “19 U.S.C. §2273 . A worker covered by a certification must still satisfy other statutoiy conditions before payment of TRA benefits can be made.”

Skrundz v. Review Bd. of Ind. Emp. SEC., 444 N.E.2d 1217 (Ind. Ct. App. 1983). · cites it 6× “” The State then cites 19 U.S.C. § 2273 (b) as limiting the time for filing TRA applications.”

St. Regis Mohawk Tribe, New York v. William E. Brock, Sec'y of Labor, 769 F.2d 37 (2d Cir. 1985). · cites it 2× “1977) (construing 19 U.S.C. § 2273 (a)); Marshall v. Local Union No.”

Talberg v. Comm'r of Econ. Sec., 370 N.W.2d 686 (Minn. Ct. App. 1985). · cites it 3× “(b) A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivision of the firm before his application under section 2291 of this title occurred— *689 (1) more than one year before the date of the…”

Former Employees of Bass Enter. Prod. Co. v. United States, 688 F. Supp. 625 (Ct. Intl. Trade 1988). · cites it 4× “MEMORANDUM OPINION AND ORDER DiCARLO, Judge: Plaintiffs, former employees of Bass Enterprises Production Company (Bass), challenge a determination of the Office of Trade Adjustment Assistance of the United States Department of Labor (Labor) that they are ineligible for trade…”

Former Employees of Fisher & Co. v. United States Dep't of Labor, 507 F. Supp. 2d 1321 (Ct. Intl. Trade 2007). · cites it 6× “Plaintiffs’ Memorandum of Points and Authorities in Opposition to Defendant’s Motion to Dismiss (“Plaintiffs’ Opposition”) at 5. Willhoft claims that the state workforce office told her that her petition was denied because she had applied after the one-year deadline.”

United Elec., Radio & Mach. Workers of Am. v. Brock, 14 Ct. Int'l Trade 121 (Ct. Intl. Trade 1990). · cites it 5× “19 U.S.C. § 2273 (b)(1). Accordingly, the period of critical importance in this case runs from January 18, 1985 to January 17, 1986 * * * D.”

Katunich v. Donovan, 594 F. Supp. 744 (Ct. Intl. Trade 1984). · cites it 3× “Two questions are presented for determination: (1) whether the failure of the Secretary to make his eligibility determination within the sixty day period set forth in section 223(a) of the Trade Act of 1974, 19 U.S.C. § 2273 (a), deprives him of jurisdiction; and, if not (2)…”

Former Employees of Quality Fabricating, Inc. v. United States, 353 F. Supp. 2d 1284 (Ct. Intl. Trade 2004). · cites it 3× “On or about May 9, 2002, the DOL issued a negative determination regarding eligibility in response to the above petition, denying the Plaintiffs eligibility for trade adjustment assistance under Section 223 of the Trade Act of 1974, 19 U.S.C. § 2273 . The determination was…”

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— 19 U.S.C. § 2273(b)(1) — 1 case

United Elec., Radio & Mach. Workers of Am. v. Dole, 14 Ct. Int'l Trade 818 (Ct. Intl. Trade 1990).

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