Retiring expired TAA petition forms

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL19-10Ch1acc.pdf

                                                          CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 TAA
                                                          CORRESPONDENCE SYMBOL
               ADVISORY SYSTEM                            OTAA
          U.S. DEPARTMENT OF LABOR                        DATE
             Washington, D.C. 20210                       March 16, 2011



ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 19-10,
                 CHANGE 1

TO:              STATE WORKFORCE LIAISONS
                 STATE WORKFORCE AGENCIES
                 ONE-STOP CENTER SYSTEM LEADS
                 STATE WORKFORCE ADMINISTRATORS
                 STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                 STATE LABOR COMMISSIONERS

FROM:            JANE OATES /s/
                 Assistant Secretary

SUBJECT:         Effective July 1, 2011, Expired Petition Forms Will No Longer Be Accepted
                 for Filing for Trade Adjustment Assistance and Alternative Trade Adjustment
                 Assistance

1. Purpose. To notify State Workforce Agencies or agencies designated by Governors as
"Cooperating State Agencies" (CSAs) (also jointly referred to as "states") that beginning June
30, 2011, the Department of Labor (Department) will no longer accept ETA Form 9042 (Rev.
4/09) and its Spanish translation, ETA Form 9042A (Rev. 4/09). Effective July 1, 2011, these
forms will not be accepted as valid forms for use in filing for Trade Adjustment Assistance
(TAA) and Alternative Trade Adjustment Assistance (ATAA).

2. References. The Omnibus Trade Act of 2010, Public Law, (P. L.) No. 111-344 (enacted
December 29, 2010) (Omnibus Trade Act); The Trade and Globalization Adjustment Assistance
Act of 2009, Division B, Title I, Subtitle I of the American Recovery and Reinvestment Act of
2009, P. L. No. 111-5 (enacted February 17, 2009) (TGAAA or 2009 Amendments); the Trade
Adjustment Assistance Reform Act of 2002, Division A, Title I, Subtitle A of the Trade Act of
2002 (P. L. 107-210) (2002 Amendments); the Trade Act of 1974, as amended, P.L. No. 93-618,
as amended (Trade Act); 20 CFR Part 90; Training and Employment Guidance Letter (TEGL)
No. 2-03 and its Changes, Interim Operating Instructions for Implementing the Alternative Trade
Adjustment Assistance (ATAA) for Older Workers Program Established by the Trade
Adjustment Assistance Reform Act of 2002; TEGL No. 22-08 and Change 1, Operating
Instructions for Implementing the Amendments to the Trade Act of 1974 Enacted by the Trade
and Globalization Adjustment Assistance Act of 2009; TEGL No. 16-10 and its Change 1 and
Change 2, Instructions for Phasing Out Changes to the Trade Act of 1974 Enacted by the Trade
and Globalization Adjustment Assistance Act of 2009; OMB PRA Information Collection
Control No. 1205-0342 (ETA-9042), approval issued January 14, 2011; and TEGL No. 19-10


 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing
Petition Forms to File for Trade Adjustment Assistance and Alternative Trade Adjustment
Assistance - Starting February 15, 2011.

3. Background. Consistent with Section 246 of the Trade Act under the 2002 Amendments,
TEGL No. 2-03 provided that a request for ATAA consideration must be made at the same time a
TAA petition is filed. The Department determined that the petition forms announced in TEGL No.
19-10, unlike the expired forms, would include ATAA in the title and as appropriate throughout the
form to enable petitioners to request TAA and ATAA at the same time by using a single form.
TEGL No. 19-10, further explained that TAA petition forms that were in effect under the 2009
Amendments were not adequate for use in administering the TAA program under the 2002
Amendments since they did not mention ATAA. This guidance further requested that states make
available revised ETA forms, identified as “Petition for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA)” and numbered 9042 (Rev. January 2011), 9042A
(Rev. January 2011), and 9042A-1 (Rev. January 2011) in all local offices (including Career One-
Stop Center operators, Career One-Stop Center partners, and state workforce agencies) to
petitioners wishing to apply for TAA and ATAA. This guidance informed states that English and
Spanish versions of these forms were downloadable from the Department’s Employment and
Training (ETA) website at http://www.doleta.gov/tradeact. In addition, TEGL No. 19-10 indicated
online petition forms had been updated on http://www.doleta.gov/tradeact to enable petitioners to
file online for TAA and ATAA certification of group eligibility under the 2002 Amendments.

The Department recognizes that states and petitioners need time to transition to the new forms and
to remove the expired forms from circulation. Accordingly, it has determined that it will accept
petitions filed on the expired forms for TAA and ATAA and investigate them to determine group
eligibility for both TAA and ATAA under the 2002 Amendments until June 30, 2011.

Effective July 1, 2011:

      Petitions filed using expired ETA Forms 9042 (Rev. 4/09) and ETA 9042A (Rev. 4/09) will
       not be deemed to be a request for ATAA. Therefore, in order to request both TAA and
       ATAA, petitioners must use a petition form that displays a revision date of January 2011 in
       the lower right-hand corner of the form.

      Petitions received by the Department on expired petition forms will be considered invalid
       and will not be instituted or investigated. Petitioners will be notified that they will need to
       submit a petition on a valid form and the petition date will be considered the date on which
       the valid petition form is filed.

4. Instructions. States are requested to remove from circulation in print and electronic format
all expired forms entitled Petition for Trade Adjustment Assistance and Alternative Trade
Adjustment Assistance, ETA Form 9042 (Rev. 4/09) and its Spanish translation, ETA Form
9042A (Rev. 4/09). States are requested to replace these forms with revised ETA Forms 9042
(Rev. January 2011), and 9042A (Rev. January 2011). States are encouraged to refer petitioners
wishing to file online to www.doleta.gov/tradeact and instruct them to select “File Online” to
access the revised English and Spanish versions of the online petition forms 9042A-1 (Rev.
January 2011).

5. Inquiries. Inquiries should be addressed to the appropriate Regional Office.

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