Petitioner Type: Workers
Impact Date:
Filed Date: 02/09/2006
Most Recent Update: 04/28/2006
Determination Date: 04/28/2006
Expiration Date:
Employment and Training Administration
TA-W-58,804
REPUBLIC ENGINEERED PRODUCTS, INC.
CANTON, OHIO
TA-W-58,804A
REPUBLIC ENGINEERED PRODUCTS, INC.
LACKAWANNA, NEW YORK
TA-W-58,804B
REPUBLIC ENGINEERED PRODUCTS, INC.
LORAIN, OHIO
Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 February 9, 2006 in
response to a petition filed on behalf of workers of Republic
Engineered Products, Inc., Canton, Ohio (TA-W-58,804); Republic
Engineered Products, Inc., Lackawanna, New York (TA-W-58,804A) and
Republic Engineered Products, Inc., Lorain, Ohio (TA-W-58,804B).
Workers manufacture special bar quality steel (melted or rolled).
Workers are not are separately identifiable by product line.
In regards to workers of Republic Engineered Products, Inc.,
Canton, Ohio (TA-W-58,804), it is determined that the requirements
of (a)(2)(A)(I.A) and (a)(2)(A)(II.A) have not been met.
The investigation revealed that Republic Engineered Products,
Inc., did not separate or threaten to separate a significant number
or proportion of workers in Canton, Ohio (TA-W-58,804).
In regards to workers of Republic Engineered Products, Inc.,
Lackawanna, New York (TA-W-58,804A) and Republic Engineered
Products, Inc., Lorain, Ohio (TA-W-58,804B), it is determined in
this case that the requirements of (a)(2)(A) of Section 222 have
been met.
Employment and production at Republic Engineered Products,
Inc., Lackawanna, New York and Lorain, Ohio, declined from 2004 to
2005.
The United States Department of Labor surveyed a portion of
both subject firm locations' major declining customers regarding
their purchases of special bar quality steel (melted or rolled) in
2004 and 2005. These surveys revealed increases in imports during
the relevant period.
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.
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
workers of Republic Engineered Products, Inc., Canton, Ohio (TA-
W-58,804) are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
The Department has determined in this investigation that the
requirements of Section 246 have been met for workers of Republic
Engineered Products, Inc., Lackawanna, New York (TA-W-58,804A) and
Republic Engineered Products, Inc., Lorain, Ohio (TA-W-58,804B).
A significant number of workers at both subject firm locations
are age 50 or over and possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases in imports of special bar
quality steel (melted or rolled) produced by Republic Engineered
Products, Inc., Lackawanna, New York (TA-W-58,804A) and Republic
Engineered Products, Inc., Lorain, Ohio (TA-W-58,804B) 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 Republic Engineered Products, Inc.,
Lackawanna, New York (TA-W-58,804A) and Republic Engineered
Products, Inc., Lorain, Ohio (TA-W-58,804B), who became
totally or partially separated from employment on or after
February 7, 2005 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
I further determine that all workers of Republic Engineered
Products, Inc., Canton, Ohio (TA-W-58,804), are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 28th day of April 2006
/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, of
Trade Adjustment Assistance