Certified
« back to search results

TAW-75263  /  Macsteel Service Centers USA, Inc. (Liverpool, NY)

Petitioner Type: Workers
Impact Date: 02/11/2010
Filed Date: 02/14/2011
Most Recent Update: 04/07/2011
Determination Date: 04/07/2011
Expiration Date: 04/07/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,263

MACSTEEL SERVICE CENTERS USA, INC.
EASTERN DIVISION
LIVERPOOL, NEW YORK

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 "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 February 14, 2011, filed on behalf of Macsteel Service
Centers USA, Inc., Eastern Division, Liverpool, New York
(subject firm). The workers are engaged in employment related to
the production of carbon steel, stainless steel and aluminum
blanks and semi-fabricated components.
The investigation revealed that workers of the subject
firm, who are engaged in employment related to the production of
carbon steel, stainless steel and aluminum blanks and semi
fabricated components, meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant number or
proportion of workers at the workers' firm have become totally
or partially separated.
Criterion II has been met because the subject firm
produced and sold component parts to a firm that both employed
a worker group eligible to apply for Trade Adjustment Assistance
(TAA) and used the component parts supplied by the subject firm
in the production of the article that was the basis for the
afore-mentioned TAA certification.
Criterion III has been met because the loss of business
by the subject firm with the TAA-certified firm, with respect
to carbon steel, stainless steel and aluminum blanks and semi
fabricated components sold to the TAA-certified firm,
contributed importantly to worker separations at Macsteel
Service Centers USA, Inc., Eastern Division, Liverpool, New
York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Macsteel Service
Centers USA, Inc., Eastern Division, Liverpool, New York, who
are engaged in employment related to the production of carbon
steel, stainless steel and aluminum blanks and semi fabricated
components, 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 Macsteel Service Centers USA, Inc.,
Eastern Division, Liverpool, New York, who became
totally or partially separated from employment on or
after February 11, 2010, 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 April, 2011

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance