DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,681

UNITED STATE STEEL – GRANITE CITY WORKS
GRANITE CITY, ILLINOIS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated January 28, 2009, the United
Steelworkers, District 7 requested administrative reconsideration
of the Department's negative determination regarding eligibility
to apply for Trade Adjustment Assistance (TAA) and Alternative
Trade Adjustment Assistance (ATAA), applicable to workers and
former workers of the subject firm. The denial notice was signed
on December 23, 2008 and published in the Federal Register on
January 14, 2009 (74 FR 2139).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative
determination, which was based on the finding that imports of
flat rolled steel did not contribute importantly to worker
separations at the subject facility and there was no shift of
production to a foreign country. The subject firm did not import
flat rolled steel in 2006, 2007 and January through November
2008. Furthermore, the investigation revealed that sales and
production of flat rolled steel at the subject firm increased
from January through November, 2008 when compared with the same
period in 2007.
The petitioner alleged that aggregate imports of flat rolled
steel, although diminished from one year earlier, still amounted
to a significant amount contributing importantly to the worker
separations and to the decline in sales and production at the
Granite City plant.
In order to establish import impact, the Department considers
sales, production and import numbers for the relevant period (one
year prior to the date of the petition). Imports of flat rolled
steel did not increase during the relevant period, while sales and
production of flat rolled steel increased at the subject firm.
There was no shift in production from subject firm abroad during
the relevant period.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed in Washington, D.C., this 11th day of March, 2009

/s/ Elliott S. Kushner

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,681

UNITED STATE STEEL – GRANITE CITY WORKS
GRANITE CITY, ILLINOIS

Negative 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 December 15, 2008, in response
to a petition filed on behalf of workers of United State Steel –
Granite City Works, Granite City, Illinois. The workers produce
flat rolled steel.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
Production at the subject firm increased during 2007 compared
to the same time period in 2006 and both sales and production
increased significantly during the period January through November
2008 as compared with the same period in 2007. Production was
idled at Granite City Works in December 2008.
The investigation also revealed that the subject firm did not
import flat rolled steel or shift production of flat rolled steel
to a foreign country during 2006, 2007, or during the period
January through November 2008.
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, I determine that all workers of United
State Steel – Granite City Works, Granite City, Illinois, 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 23rd day of December 2008


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






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