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TAW-72722  /  ArcelorMittal Tubular Products (Shelby, OH)

Petitioner Type: Workers
Impact Date: 10/22/2008
Filed Date: 10/30/2009
Most Recent Update: 06/28/2010
Determination Date: 06/28/2010
Expiration Date: 06/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,722

ARCELORMITTAL TUBULAR PRODUCTS
A SUBSIDIARY OF ARCELORMITTAL
SHELBY, OHIO

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 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 "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on October 30, 2009 on behalf of workers of ArcelorMittal
Tubular Products, a subsidiary of ArcelorMittal, Shelby, Ohio.
Workers at the subject firm are engaged in activities related to
the production and distribution of mechanical steel tubing.
The workers are not separately identifiable by product line. The
worker group does not included on-site leased workers.
The investigation revealed that workers of ArcelorMittal
Tubular Products, Shelby, Ohio, who are engaged in employment
related to the production and distribution of mechanical steel
tubing, meet the criteria as a Downstream Producer for
secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated during the relevant period.
Criterion II has been met because workers of
ArcelorMittal Tubular Products, Shelby, Ohio, added value to
mechanical steel tubing produced by a firm that employed a
group of workers who received a certification of eligibility,
and such production is related to the article that was the
basis for such certification.
Criterion III has been met because the loss of business
by ArcelorMittal Tubular Products with the afore-mentioned
firm contributed importantly to the worker separations at the
Shelby, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ArcelorMittal Tubular
Products, a subsidiary of ArcelorMittal, Shelby, Ohio, who are
engaged in employment related to production and distribution
of mechanical steel tubing, 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 ArcelorMittal Tubular Products, a
subsidiary of ArcelorMittal, Shelby, Ohio, who became
totally or partially separated from employment on or after
October 22, 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 28th day of June, 2010


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance