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TAW-72063  /  Outokumpu Stainless Plate, Inc. (New Castle, IN)

Petitioner Type: Union
Impact Date: 08/17/2008
Filed Date: 08/18/2009
Most Recent Update: 05/07/2010
Determination Date: 05/07/2010
Expiration Date: 05/07/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,063

OUTOKUMPU STAINLESS PLATE, INC.
NEW CASTLE, INDIANA

Certification 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.
The group eligibility requirements for workers of a firm
under Section 222(c) of the Trade Act, 19 U.S.C. § 2272(c), can
be satisfied if the following criteria are met:
I. 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;

II. 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

III. 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.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on August 18, 2009, by the International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America (UAW), Local 729 on behalf of workers of Outokumpu
Stainless Plate, Inc., New Castle, Indiana. The workers
produce stainless steel plate.
The investigation revealed that workers of Outokumpu who
are engaged in employment related to the production of
stainless steel plate meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the period under
investigation.
Criterion II has been met because workers of Outokumpu
produced and sold stainless steel plate to a firm that
employed a worker group that is covered by an active
certification to be incorporated into processed steel plate
and bar.
Criterion III has been met because the loss of business
by Outokumpu with the TAA-certified firm, with respect to
stainless steel plate sold to the TAA-certified firm,
contributed importantly to worker separations at the New
Castle, Indiana facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Outokumpu Stainless
Plate, Inc., New Castle, Indiana, who are engaged in employment
related to production of stainless steel plate meet the worker
group certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:



"All workers of Outokumpu Stainless Plate, Inc., New
Castle, Indiana, who became totally or partially separated
from employment on or after August 17, 2008, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the 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 7th day of May, 2010


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