DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,858

WABASH ALLOYS, LLC
A SUBSIDIARY OF ALERIS INTERNATIONAL, INC.
TIPTON, INDIANA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated March 17, 2009, United Steelworkers of
America, Local 2958 requested administrative reconsideration of
the Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA), applicable to
workers and former workers of the subject firm. The denial
notice was signed on February 6, 2009 and published in the
Federal Register on March 3, 2009 (74 FR 9283).
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 Wabash Alloys,
LLC, a subsidiary of Aleris International, Inc., Tipton, Indiana
did not supply component parts to a primary firm whose workers
were certified eligible to apply for trade adjustment assistance.
Furthermore, the investigation also determined that imports of
aluminum alloys did not contribute importantly to worker
separations at the subject plant nor was there a shift of
production to a country during the relevant period.
In the request for reconsideration the petitioner alleged
that the subject firm supplied aluminum alloys to a customer
which is under current certification.
For certification on the basis of the workers’ firm being a
secondary upstream supplier, the subject firm must produce
component parts to a firm which received certification of
eligibility for TAA as a primary impacted firm. The Department
has reviewed the record and determined that the customer to which
the subject firm supplied components was not certified as a
primary firm but was certified for TAA on the basis of a
secondary impact.
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 24th 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-64,858

WABASH ALLOYS, LLC
A SUBSIDIARY OF ALERIS INTERNATIONAL, INC.
TIPTON, INDIANA

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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either—

(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or

(B) a loss of business by the workers’ firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.

The investigation was initiated on January 12, 2009 in response
to a petition the United Steelworkers of America, Local 2958 on
behalf of workers of Wabash Alloys, LLC, a subsidiary of Aleris
International, Inc., Tipton, Indiana. The workers at the subject
firm produce aluminum alloys in solid and liquid form used in the
production of automotive parts.
The investigation revealed that criterion (2) has not been
met.
The Department has determined that the subject firm did not
supply component parts to a primary firm whose workers were
certified eligible to apply for trade adjustment assistance.
The Department also conducted an investigation to determine if
the group eligibility requirements for directly-impacted (primary)
workers under Section 222(a) the Trade Act of 1974, as amended,
could be met. The requirements 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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) were not met.
The investigation revealed that the subject firm did not
import articles like or directly competitive with aluminum alloys
in 2007 or 2008 nor did it shift production of aluminum alloys
abroad during the relevant period.
The Department surveyed the subject firm’s major declining
customer regarding purchases of aluminum alloys in 2007 and 2008.
The survey revealed no 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 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 this
investigation, I determine that all workers of Wabash Alloys, LLC,
a subsidiary of Aleris International, Inc., Tipton, Indiana, 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 February, 2009


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






- 3 -