DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,503

ARCELORMITTAL RIVERDALE INC.
A SUBSIDIARY OF ARCELORMITTAL USA, INC.
INCLUDING ON-SITE LEASED WORKERS OF
ADECCO AND IVARA
RIVERDALE, ILLINOIS

TA-W-71,503A

ARCELORMITTAL USA INC.
LONG PRODUCTS DIVISION
INCLUDING ON-SITE LEASED WORKERS OF ADECCO
EAST CHICAGO, INDIANA

TA-W-71,503B

ARCELORMITTAL USA INC.
INDIANA HARBOR EAST DIVISION
INCLUDING INDEPENDENT CONSULTANTS AND ON-SITE LEASED WORKERS OF
ACMS, ADECCO, ADVANSYS, IVARA, URS
EAST CHICAGO, INDIANA

Determinations 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 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 July 1, 2009 by the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, Local 1010 on behalf of workers
from the following sites: ArcelorMittal Riverdale Inc., a
subsidiary of ArcelorMittal USA Inc., including on-site leased
workers of Adecco and Ivara, Riverdale, Illinois (TA-W-71,503);
ArcelorMittal USA Inc., Long Products Division, including on-
site leased workers of Adecco, East Chicago, Indiana (TA-W-
71,503A); ArcelorMittal USA Inc., Indiana Harbor East Division,
including independent consultants and on-site leased workers of
ACMS, Adecco, Advansys, Ivara, URS, East Chicago, Indiana (TA-W-
71,503B). The workers are engaged in the production of flat
rolled hot-rolled steels, hot-rolled steel bars, cold-rolled
steels, coated steels, and semi-finished steels. Workers are
separately identifiable by geographical location but not by
product lines.
The investigation revealed that workers under designation
TA-W-71,503A and TA-W-71,503B, who are engaged in employment
related to the productions of flat rolled hot-rolled steels,
cold-rolled steels, coated steels, semi-finished steels, and
hot-rolled steel bars, meet the following criteria for
certification.
Criterion I has been met because a significant number and
portion of workers were separated during the period under
investigation.
Criterion II has been met because customer imports of
articles like or directly competitive with those produced by
the subject firm have increased during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of flat rolled
hot-rolled steels, cold-rolled steels, coated steels, semi-
finished steels, and hot-rolled steel bars in 2007, 2008, and
January through June 2009 over the corresponding period 2008.
The survey revealed that customers increased their reliance on
imports of articles like or directly competitive with those
produced by the subject firms.
Criterion III has been met because customers' increased
reliance on imports contributed importantly to worker group
separations at the subject facilities.
Regarding workers under designation TA-W-71,503, who are
engaged in employment related to the production of flat rolled
hot-rolled steels, the investigation revealed that criteria II
and III have not been met.
Criterion II has not been met because the subject firm
did not shift production of flat rolled hot-rolled steels to
any foreign locations, not did it import such article during
the periods under investigation.
Additionally, the Department of Labor surveyed the
subject firm's major declining customers regarding their
purchases of flat rolled hot-rolled steels in January through
June 2009 over the corresponding period 2008. Results of the
survey revealed that customers decreased imports of articles
like or directly competitive with those produced by the
subject firm during the period under investigation.
An analysis of United States' aggregate imports of flat
rolled hot-rolled steel into the United States revealed that
imports declined during 2008 over the corresponding 2007
period and January through November 2009 over the
corresponding 2008 period.
Criterion III has not been met because the workers'
separation or threat of separation was not related to any
increase in imports of flat rolled hot-rolled steels or a
shift in production/acquisition abroad.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion II has not been met
because the workers did not produce an article that was used in
the production of an article by a firm whose workers were
certified for Trade Adjustment Assistance on the basis of that
article.
Finally, the group eligibility requirement 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 International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ArcelorMittal USA
Inc., Long Products Division, including on-site leased workers
of Adecco, East Chicago, Indiana (TA-W-71,503A) and
ArcelorMittal USA Inc., Indiana Harbor East Division, including
independent consultants and on-site leased workers of ACMS,
Adecco, Advansys, Ivara, URS, East Chicago, Indiana (TA-W-
71,503B), who are engaged in employment related to the
production of flat rolled hot-rolled steels, cold-rolled
steels, semi-finished steels, coated steels, and hot-rolled
steel bars 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 ArcelorMittal USA Inc., Long Products
Division, including on-site leased workers of Adecco, East
Chicago, Indiana (TA-W-71,503A) and ArcelorMittal USA Inc.,
Indiana Harbor East Division, including independent
consultants and on-site leased workers of ACMS, Adecco,
Advansys, Ivara, URS, East Chicago, Indiana (TA-W-71,503B),
who were engaged in employment related to the production of
flat rolled hot-rolled steels, cold-rolled steels, semi-
finished steels, coated steels, and hot-rolled steel bars
and became totally or partially separated from employment
on or after June 29, 2008, through two years from the date
of 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."




Furthermore, after careful review of the facts obtained in
the investigation, I determine that all workers of ArcelorMittal
Riverdale Inc., a subsidiary of ArcelorMittal USA Inc.,
including on-site leased workers Adecco and Ivara, Riverdale,
Illinois (TA-W-71,503) are denied eligibility to apply for trade
adjustment assistance under Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C., this 4th day of May, 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistant