DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,287

VESUVIUS USA
EMPLOYED AT INTERNATIONAL STEEL GROUP
CLEVELAND, OHIO


Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. 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

C. One of the following must be satisfied:
1. 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;
2. 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
3. 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.

The investigation was initiated on July 11, 2003, in response
to a petition filed on behalf of workers of Vesuvius USA, working
at International Steel Group, Cleveland, Ohio. Workers in both the
tundish and ladle prep areas produced materials and mechanical
equipment for machinery at International Steel Group, Cleveland,
Ohio. Vesuvius USA, Carnegie, Pennsylvania is not affiliated with
International Steel Group (ISG), Cleveland, Ohio.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that Vesuvius USA workers produced
materials and mechanical equipment for International Steel Corp,
Cleveland Ohio. That is, the materials and mechanical equipment
produced by Vesuvius was incorporated into International Steel Corp
machinery.
The separations are not attributed to imports. The layoffs of
Vesuvius USA workers are directly related to the replacement of
those workers by International Steel Group employees.
The subject firm did not shift production abroad. Employment
at the subject firm did not decline from the 2002 period through
the June 2003 period.
Conclusion
After careful review, I determine that all workers of Vesuvius
USA, employed at International Steel Group, Cleveland, Ohio are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 28th day of August, 2003.

/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance