DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,000

GIBRALTAR DFC STRIP STEEL LLC
FARRELL, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

On May 21, 2007, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on May 30, 2007 (72 FR
30031).
The previous investigation initiated on February 22, 2007,
resulted in a negative determination issued on April 6, 2007, was
based on the finding that increased imports of cold rolled strip
steel did not contribute importantly to worker separations or the
decline in sales or production at the subject firm.
Furthermore, there was no shift of production to a foreign
country. The denial notice was published in the Federal Register
on April 24, 2007 (72 FR 20370).
In the request for reconsideration, the petitioner provided
information regarding customers of the subject firm. The
Department requested from a company official an additional list
of declining customers of the subject firm.
A survey of these declining customers revealed that import
purchases of cold rolled strip steel increased from 2005 to 2006
and during January through February of 2007 when compared with
the same period of 2006. The increased imports accounted for a
significant portion of the subject firm’s sales decline during
the relevant period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Gibraltar DFC
Strip Steel LLC, Farrell, Pennsylvania, contributed importantly
to the total or partial separation of workers and to the declines
in sales or production at that firm. In accordance with the
provisions of the Act, I make the following revised
determination:
"All workers of Gibraltar DFC Strip Steel LLC, Farrell,
Pennsylvania, who became totally or partially separated from
employment on or after February 20, 2006 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C., this 15th day of June 2007.



/s/ Linda G. Poole_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,000

GIBRALTAR DFC STRIP STEEL LLC
FARRELL, PENNSYLVANIA

Negative Determination 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:
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;
1. 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
2. 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 22, 2007 in
response to a petition filed by the United Steelworkers of America
on behalf of workers of Gibraltar DFC Strip Steel LLC, Farrell,
Pennsylvania. The workers produce cold rolled strip steel.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not shift production of cold rolled strip
steel to a foreign country, nor did it import like or competitive
products in 2005, 2006, or January 2007.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of cold rolled strip steel in
2005 and 2006. The survey revealed that the customers did not
import the above article.
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 the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Gibraltar DFC Strip
Steel LLC, Farrell, Pennsylvania, 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 6th day of April 2007


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance




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