Petitioner Type: Union
Impact Date: 07/06/2004
Filed Date: 07/22/2005
Most Recent Update: 08/19/2005
Determination Date: 08/19/2005
Expiration Date: 08/19/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,610
GERDAU AMERISTEEL
BEAUMONT MILL DIVISION
WORKERS’ WAGES WERE REPORTED UNDER CARGILL, Inc.
BEAUMONT, TEXAS
Certification 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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on July 22, 2005, in
response to a petition filed by the United Steelworkers of
America, Local 8586 on behalf of workers of Gerdau Ameristeel,
Beaumont Mill Division, Beaumont, Texas. The workers produce
wire rod.
The investigation revealed that the sales, production and
employment declined from January through July 2005 over the
corresponding 2004 period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of speaker
cabinets & television cabinets in 2003, 2004 and during January
through July 2005. The survey revealed that customers increased
its foreign purchases during relevant period.
The investigation also revealed that the workers’ wages at
the subject firm were reported under another FEID number for
Cargill, Incorporated.
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 the employees 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 wire rod produced by Gerdau
Ameristeel, Beaumont Mill Division, Beaumont, Texas 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 Gerdau Ameristeel, Beaumont Mill Division,
whose wages were reported under Cargill, Inc., Beaumont,
Texas who became totally or partially separated from
employment on or after July 6, 2004 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 Gerdau Ameristeel,
Beaumont Mill Division, whose wages were reported under Cargill,
Inc., Beaumont, Texas 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 19th day of August, 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance