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TAW-54045A  /  United States Steel Corp. (Gary, IN)

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,045

UNITED STATES STEEL CORPORATION
GARY WORKS
COKE PRODUCTS DIVISION
GARY, INDIANA

TA-W-54,045A

UNITED STATES STEEL CORPORATION
GARY WORKS
IRON PRODUCING DIVISION
GARY, INDIANA

TA-W-54,045B

UNITED STATES STEEL CORPORATION
GARY WORKS
STEEL PRODUCING DIVISION
GARY, INDIANA

TA-W-54,045C

UNITED STATES STEEL CORPORATION
GARY WORKS
HOT ROLLING DIVISION
GARY, INDIANA

TA-W-54,045D

UNITED STATES STEEL CORPORATION
GARY WORKS
SHEET PRODUCTS DIVISION
GARY, INDIANA

TA-W-54,045E

UNITED STATES STEEL CORPORATION
GARY WORKS
GARY TIN DIVISION
GARY, INDIANA



TA-W-54,045F

UNITED STATES STEEL CORPORATION
GARY WORKS
PLATE PRODUCTS DIVISION
GARY, INDIANA

TA-W-54,045G

UNITED STATES STEEL CORPORATION
GARY WORKS
OPERATIONS SERVICES DIVISION
GARY, INDIANA

TA-W-54,045H

UNITED STATES STEEL CORPORATION
GARY WORKS
STAFF GROUPS
GARY, INDIANA

TA-W-54,045I

UNITED STATES STEEL CORPORATION
GARY WORKS
ADMINISTRATIVE DIVISION
GARY, INDIANA

TA-W-54,045J

UNITED STATES STEEL CORPORATION
EAST CHICAGO TIN
EAST CHICAGO, INDIANA

Notice of Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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 January 20, 2004, in
response to a petition filed on behalf of workers of United States
Steel Corporation (USS), Gary Works, Coke Products Division, Gary,
Indiana (TA-W-54,045); United States Steel Corporation, Gary Works,
Iron Producing Division, Gary, Indiana (TA-W-54,045A); United
States Steel Corporation, Gary Works, Steel Producing Division,
Gary, Indiana (TA-W-54,045B); United States Steel Corporation, Gary
Works, Hot Rolling Division, Gary, Indiana (TA-W-54,045C); United
States Steel Corporation, Gary Works, Sheet Products Division,
Gary, Indiana (TA-W-54,045D); United States Steel Corporation, Gary
Works, Gary Tin Division, Gary, Indiana (TA-W-54,045E); United
States Steel Corporation, Gary Works, Plate Products Division,
Gary, Indiana (TA-W-54,045F); United States Steel Corporation, Gary
Works, Operations Services Division, Gary, Indiana (TA-W-54,045G);
United States Steel Corporation, Gary Works, Staff Groups Division,
Gary, Indiana (TA-W-54,045H); and, United States Steel Corporation,
Gary Works, Administrative Division, Gary, Indiana (TA-W-54,045I).
The investigation was expanded to include United States Steel
Corporation, East Chicago Tin, East Chicago, Indiana (TA-W-
54,045J). USS, Gary Works, is a vertically integrated producer of
flat rolled steel including slab; hot rolled, cold rolled, and
coated sheet (electro-galvanized and hot dipped); tin mill
products; and, cut-to-length plate. Workers in the Steel Producing
Division produced slabs for both use in internal production of hot
rolled sheet at the Hot Rolling Division and plate products at Gary
Plate Division and for sale to outside customers. Workers in the
Hot Rolling Division produced hot rolled sheet used in the internal
production of cold rolled sheet at Sheet Products, Gary Tin and
East Chicago Tin divisions; of coated sheet at Sheet Products
Division; and of tin mill products at Gary Tin and East Chicago Tin
divisions. The division also produced hot rolled sheet for sale to
outside customers. Workers in the Sheet Products produced cold
rolled sheet for both use in the internal production of coated
sheet and for sale to outside customers and also produced coated
sheet for sale to outside customers. Workers in the Gary Tin
Division produced cold rolled sheet used in the internal production
at Gary Tin Division of tin mill products, which were for sale to
outside customers. Workers in the Plate Products Division produced
cut-to-length plate for sale to outside customers. Workers at East
Chicago Tin Division produced cold rolled used in the internal
production at East Chicago Tin Division of tin mill products, which
were for sale to outside customers. Workers in the Coke Products
and Iron Producing divisions produced raw materials used in the
production of flat steel products. Workers in Operations Services,
Staff Groups and Administrative divisions provided operations and
administrative support to the subject firm's production of flat
rolled steel. The workers are separately identifiable by division
but not by end product line in the Sheet Products, Gary Tin and
East Chicago Tin divisions.
It has been determined with respect to workers at USS, Gary
Works, Sheet Products Division, Gary, Indiana; and, USS, Gary
Works, Plate Products Division, Gary, Indiana producing cold
rolled, hot dipped galvanized, and electro-galvanized sheet without
regard to whether any other criteria have been met, criteria I.B.
and II.B. have not been met.
Company-wide shipments of cold rolled and hot dipped
galvanized steel sold increased, in terms of both quantity and
dollars, in 2003 compared to 2002.
Subject plant shipments of electro-galvanized steel sold
increased, in terms of both quantity and dollars.
The company did not import cold rolled, hot dipped galvanized
steel and electro-galvanized sheet nor did it transfer production
of these products from the subject facility abroad in the relevant
period.
According to a company official, declines in shipments of
cold rolled and hot dipped galvanized steel sold at Sheet
Products Division were due to transfers in production among
several U.S. company facilities and not import competition.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
It has been determined with respect to workers at USS, Gary
Works, Sheet Products Division, Gary, Indiana; and, USS, Gary
Works, Plate Products Division, Gary, Indiana producing cut-to-
length plate steel without regard to whether any other criteria
have been met, criteria I.C. and II.B. have not been met.
International Steel Group acquired Gary Plate Mill in an asset
swap in November 2003.
U.S. imports of plates in cut lengths decreased both
absolutely and relative to shipments in the year ended November
2003 compared to the year ended November 2002.
The Department conducted a survey of major declining customers
of Gary Works concerning their purchases of cut-to-length plate in
January-August 2002 and January-August 2003. The survey revealed
that none of the respondents imported products that are directly
competitive with those produced at Gary Works in the relevant
period.
The company did not import cut-to-length plate steel nor did
it transfer production of this product from the subject facility
abroad in the relevant period.
According to a company official, declines in shipments of
cold rolled and hot dipped galvanized steel sold at Sheet
Products Division were due to transfers in production among
several U.S. company facilities and not import competition.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
It has been determined with respect to workers at United
States Steel Corporation (USS), Gary Works, Coke Products Division,
Gary, Indiana; USS, Gary Works, Iron Producing Division, Gary,
Indiana; USS, Gary Works, Steel Producing Division, Gary, Indiana;
USS, Gary Works, Hot Rolling Division, Gary, Indiana; USS, Gary
Works, Gary Tin Mill, Gary, Indiana; USS, Gary Works, Operations
Services Division, Gary, Indiana; USS, Gary Works, Staff Groups
Division, Gary, Indiana; USS, Gary Works, Administrative Division,
Gary, Indiana; and, USS, East Chicago Tin, East Chicago, Indiana
engaged in production of tin mill products that all criteria have
been met.
Production of hot rolled steel decreased in 2003 compared to
2002.
Shipments and employment of tin mill products at Gary Tin and
East Chicago Tin divisions decreased in 2003 compared to 2002.
The Department conducted a survey of major declining customers
of Gary Tin and East Chicago Tin divisions regarding their
purchases of tin mill products in 2002 and 2003. The survey
revealed that respondents, which accounted for a significant
percentage of the decline in sales of tin mill products, increased
their purchases of tin mill products from foreign firms while
decreasing their purchases of tin mill products from Gary Tin and
East Chicago Tin divisions in 2003 compared to 2002.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment
assistance (ATAA) for older workers.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed affected workers do possess
skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with tin mill products produced at
United States Steel Corporation, Gary Works, Gary Tin Mill, Gary,
Indiana (TA-W-54,045E); and, United States Steel Corporation, East
Chicago Tin, East Chicago, Indiana (TA-W-54,045J) contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of United States Steel Corporation (USS),
Gary Works, Coke Products Division, Gary, Indiana (TA-W-
54,045); United States Steel Corporation, Gary Works,
Iron Producing Division, Gary, Indiana (TA-W-54,045A);
United States Steel Corporation, Gary Works, Steel
Producing Division, Gary, Indiana (TA-W-54,045B); United
States Steel Corporation, Gary Works, Hot Rolling
Division, Gary, Indiana (TA-W-54,045C); United States
Steel Corporation, Gary Works, Gary Tin Mill, Gary,
Indiana (TA-W-54,045E); United States Steel Corporation,
Gary Works, Operations Services Division, Gary, Indiana
(TA-W-54,045G); United States Steel Corporation, Gary
Works, Staff Groups Division, Gary, Indiana (TA-W-
54,045H); and, United States Steel Corporation, Gary
Works, Administrative Division, Gary, Indiana (TA-W-
54,045I); and, United States Steel Corporation, East
Chicago Tin, East Chicago, Indiana (TA-W-54,045J) engaged
in the production of tin mill products who became totally
or partially separated from employment on or after
January 16, 2003 through two years from the date of
certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."


I further determine that all workers of United States
Steel Corporation, Gary Works, Sheet Products Division,
Gary, Indiana (TA-W-54,045D); and, United States Steel
Corporation, Plate Products Division, Gary, Indiana (TA-W-
54,045F) engaged in production of cold rolled, hot dipped
galvanized, electro-galvanized, and cut-to-length plate
steel are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
I also determine that all workers of United States
Steel Corporation, Gary Works, Coke Products Division, Gary,
Indiana (TA-W-54,045); United States Steel Corporation, Gary
Works, Iron Producing Division, Gary, Indiana (TA-W-
54,045A); United States Steel Corporation, Gary Works, Steel
Producing Division, Gary, Indiana (TA-W-54,045B); United
States Steel Corporation, Gary Works, Hot Rolling Division,
Gary, Indiana (TA-W-54,045C); United States Steel
Corporation, Gary Works, Sheet Products Division, Gary,
Indiana (TA-W-54,045D); United States Steel Corporation,
Gary Works, Gary Tin Mill, Gary, Indiana (TA-W-54,045E);
United States Steel Corporation, Gary Works, Plate Products
Division, Gary, Indiana (TA-W-54,045F); United States Steel
Corporation, Gary Works, Operations Services Division, Gary,
Indiana (TA-W-54,045G); United States Steel Corporation,
Gary Works, Staff Groups Division, Gary, Indiana (TA-W-
54,045H); United States Steel Corporation, Gary Works,
Administrative Division, Gary, Indiana (TA-W-54,045I); and,
United States Steel Corporation, East Chicago Tin, East
Chicago, Indiana (TA-W-54,045J) are denied eligibility to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of May, 2004

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