DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,375

AK STEEL CORPORATION
MANSFIELD WORKS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
TIME CUSTOMIZED STAFFING SOLUTIONS
MANSFIELD, OHIO

Notice of Revised Determination
on Reconsideration


On January 8, 2010, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The notice of affirmative determination was published in the
Federal Register on February 1, 2010 (75 FR 5145).
The initial investigation, initiated on June 24, 2009,
resulted in a negative determination, issued on November 2, 2009,
that was based on the finding that imports did not contribute
importantly to worker separations at the subject firm and no
shift in production to a foreign country occurred. The notice of
negative determination was published in the Federal Register on
January 25, 2010 (75 FR 3935).
To support the request for reconsideration, the petitioner
supplied additional information regarding the customers of the
subject firm to supplement that which was gathered during the
initial investigation.
During the reconsideration investigation, the Department
requested an additional list of customers from the subject firm
and conducted a customer survey to determine whether imports of
steel coils negatively impacted employment at AK Steel
Corporation, Mansfield Works Division, Mansfield, Ohio.
The survey of the subject firm’s major declining customers
revealed that the customers increased their imports of steel coils
while decreasing purchases from the subject firm from 2007 to 2008.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of AK Steel
Corporation, Mansfield Works Division, including on-site leased
workers from Time Customized Staffing Solutions, Mansfield, Ohio,
who are engaged in employment related to the production of steel
coils, meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:





"All workers of AK Steel Corporation, Mansfield Works
Division, including on-site leased workers from Time
Customized Staffing Solutions, Mansfield, Ohio, who became
totally or partially separated from employment on or after
June 23, 2008, through two years from the date of this
certification, and all workers in the group threatened with
total or partial separation from employment on date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended.”

Signed in Washington, D.C., this 18th day of February, 2010



/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-71,375

AK STEEL CORPORATION
MANSFIELD WORKS DIVISION
MANSFIELD, OHIO

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor herein
presents the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers’ firm.

III. The third criterion requires that the increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier“ and “Downstream Producer.“ For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria 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 is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm 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
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission (ITC) as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 24, 2009 by the United Steelworkers, Local 169, on
behalf of workers of AK Steel Corporation, Mansfield Works,
Mansfield, Ohio. The workers produce steel coils that are
provided to other AK Steel Corporation facilities in Indiana and
Ohio for finishing. The petitioners allege that foreign producers
of steel are increasing their production. The investigation
included analysis of company data and conversations with company
officials.
With respect to Section 222(a) of the Act, Criterion II has
not been met because there was no increase in imports by the
workers’ firm or by customers of the workers’ firm or a
shift/acquisition by the workers’ firm. Criterion III has not been
met because the workers’ separation was not related to increased
imports or a shift/acquisition.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion (2) has not been met because the workers
did not produce an article that was used by a firm with TAA-
certified workers in the production of an article that was the
basis for TAA-certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an affirmative
finding of injury by the ITC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AK Steel Corporation,
Mansfield Works, Mansfield, Ohio are denied eligibility to apply
for adjustment assistance under Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C., this 2nd day of November, 2009


Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance





- 8 -