DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,313

WYATT VIRGIN ISLANDS (V.I.), INC.
A DIVISION OF WYATT FIELD SERVICE COMPANY
WORKING ON-SITE AT HOVENSA, LLC OIL REFINERY
CHRISTIANSTED, ST. CROIX, U.S. VIRGIN ISLANDS

Notice of Negative Determination
on Reconsideration

The initial investigation, instituted on February 8, 2012, on
behalf of workers and former workers of Wyatt Virgin Islands
(V.I.), Inc., a division of Wyatt Field Service Company, working
on-site at HOVENSA, LLC Oil Refinery, Christiansted, St. Croix,
U.S. Virgin Islands (subject facility) resulted in a negative
determination, issued on April 6, 2012. The Department’s Notice of
negative determination was published in the Federal Register on
April 19, 2012 (77 FR 23511).
Workers of Wyatt V.I., Inc. (subject firm) provided turnaround
(intermittent and “as needed”) maintenance services on-site at the
subject facility. The workers of the subject firm working on-site
at HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, U.S. Virgin
Islands (subject worker group) worked only at the subject facility.
The petition states, “HOVENSA = Hess Oil is a joint venture
with Venezuela. Impact of the closure of this plant & refinery will
affect thousands of people displacing workers workforce. Losses at
the HOVENSA refinery have totaled $1.3 billion in the past three
years, and are projected to continue.”
The petitioning worker group eligibility requirements for
workers (and former workers) of a Firm under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), can be satisfied if the following
criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely;

(ii)(I) imports of articles or services like or
directly competitive with articles produced or
services supplied by such firm have increased;

(II) imports of articles like or directly
competitive with articles—
(aa) into which one or more component parts
produced by such firm are directly incorporated, or
(bb) which are produced directly using services
supplied by such firm,
have increased; or

(III) imports of articles directly incorporating
one or more component parts produced outside the
United States that are like or directly competitive
with imports of articles incorporating one or more
component parts produced by such firm have
increased; and

(iii) the increase in imports described in clause
(ii) contributed importantly to such workers’
separation or threat of separation and to the decline
in the sales or production of such firm; or

(B)(i)(I) there has been a shift by such workers’ firm to a
foreign country in the production of articles or the supply of
services like or directly competitive with articles which are
produced or services which are supplied by such firm; or

(II) such workers’ firm has acquired from a
foreign country articles or services that are like
or directly competitive with articles which are
produced or services which are supplied by such
firm; and

(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in clause
(i)(II) contributed importantly to such workers’ separation
or threat of separation.

Initial investigation
The initial investigation began when three workers filed a
petition for Trade Adjustment Assistance (TAA), dated February 6,
2012, on behalf of workers and former workers of Wyatt V.I., Inc.
(subject firm). Although workers of the subject firm supplied
maintenance services on-site at HOVENSA, LLC Oil Refinery,
Christiansted, St. Croix, U.S. Virgin Islands (subject facility),
Wyatt VI, Inc. is a domestic firm and the subject worker group was
based out of Texas. The subject firm was under contract with
HOVENSA, LLC (HOVENSA) during the relevant time period for the
supply of maintenance services at the oil refinery and the worker
group subject to this investigation was recruited from Texas on a
seasonal and “as needed” staffing basis.
The initial determination was based on the findings that,
although a significant proportion of the subject worker group
had become separated, imports of services like or directly
competitive with the maintenance services supplied by the
subject firm had not increased; the subject firm had not
shifted the supply of services like or directly competitive
with maintenance services to a foreign country or acquired
like or directly competitive services from a foreign country;
the subject firm was not a supplier or downstream producer to
a firm that employed a group of workers who received a
certification to apply for adjustment assistance; and the
subject firm was not publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in an affirmative finding
of serious injury, market disruption, or material injury, or
threat thereof.

Reconsideration investigation
By application dated May 18, 2012, a State workforce office
agent requested, on behalf of a worker, administrative
reconsideration of the Department's negative determination
regarding the eligibility of the subject worker group to apply for
adjustment assistance. In the application, the worker stated that
the initial negative determination was inaccurate because
“International Global Trade & its initial impact contributed to the
losses & closure of HOVENSA oil refinery, which displaced &
dislocated thousands of workers, not to mention that those jobs
will not return.”
On June 26, 2012, the Department issued a Notice of
Affirmative Determination Regarding Application for Reconsideration
in order to conduct further investigation to determine worker
eligibility. The Department’s Notice was published in the Federal
Register on July 10, 2012 (77 FR 40637).
In the course of the reconsideration investigation, the
Department reviewed the Trade Act, as amended, applicable
regulations, previously-submitted information, information provided
by the worker on whose behalf the request for reconsideration was
filed, and new information provided by the subject firm.
During the reconsideration investigation, the Department
clarified the identity of the subject worker group. The Department
confirmed that HOVENSA was the only customer of Wyatt V.I., Inc.
during the relevant time period, that Wyatt V.I., Inc. was
created exclusively for the contract with HOVENSA, and that the
subject worker group was established to exclusively work at the
HOVENSA refinery plant in the U.S. Virgin Islands. Specifically,
the subject workers were temporary workers who were hired by
Wyatt V.I., Inc. to perform maintenance services. As such, the
Department determines that the subject worker group is limited to
workers of Wyatt V.I., Inc., a division of Wyatt Field Service
Company, working on-site at HOVENSA, LLC Oil Refinery,
Christiansted, St. Croix, U.S. Virgin Islands.
Section 222(a)(1) and Section 222(a)(2)(A)(i) have been met
because a significant number or proportion of workers of Wyatt
V.I., Inc., working on-site at HOVENSA, LLC Oil Refinery,
Christiansted, St. Croix, U.S. Virgin Islands, have become totally
separated and because the supply of maintenance services supplied
by the subject worker group have decreased absolutely.
Section 222(a)(2)(A)(ii) has not been met because neither
increased imports of services like or directly competitive with
the maintenance services supplied by the subject worker groups
nor increased imports of refined petroleum products (the article
which was produced directly using the maintenance services
supplied by the subject worker group) could not have contributed
importantly to worker separations at the subject firm.
Section 247(7) of the Trade Act, as amended (19 U.S.C. § 2319)
defines “state” to mean the fifty States compromising the United
States of America (U.S.), the District of Columbia, and the
Commonwealth of Puerto Rico. Further, the regulation addressing
benefits available under the Trade Program defines “State” to mean
the fifty States compromising the U.S., the District of Columbia,
and the Commonwealth of Puerto Rico. 20 C.F.R. 617.3(hh)
29 CFR 90.2 states that “Increased imports means that imports
have increased either absolutely or relative to domestic production
compared to a representative base period.”
Because the subject worker group provided services on-site at
a facility within the U.S. Virgin Islands, shipments of refined
petroleum products, or like or directly competitive articles, into
the U.S. Virgin Islands could not be considered imports into the
United States, for purposes of the Trade Act, as amended.
Consequently, there were no imports during the relevant period, for
purposes of the Trade Act, as amended.
Section 222(a)(2)(B)(i) has not been met because the subject
firm did not shift to a foreign country, or acquire from a foreign
country, the supply of services like or directly competitive with
the maintenance services supplied by the subject worker group.
Rather, the supply of maintenance services at HOVENSA ceased when
the contract between the subject firm and HOVENSA (its only client)
was terminated. Further, any shift in the supply of services from
the U.S. Virgin Islands would not constitute a shift from the
United States to a foreign country as the U.S. Virgin Islands is
not considered a state, for purposes of the Trade Act, as amended.
CONCLUSION
After careful review of the Trade Act of 1974, as amended,
applicable regulation, and information obtained during the initial
and reconsideration investigations, I determine that workers and
former workers of Wyatt Virgin Islands (V.I.), Inc., a division
of Wyatt Field Service Company, working on-site at HOVENSA, LLC
Oil Refinery, Christiansted, St. Croix, U.S. Virgin Islands, are
ineligible to apply for adjustment assistance.
Signed in Washington, D.C., on this 17th day of May, 2013
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,313

WYATT VI, INC.
A DIVISION OF WYATT FIELD SERVICE COMPANY
WORKING ON-SITE AT HOVENSA OIL REFINERY
CHRISTIANSTED, ST. CROIX, VIRGIN ISLANDS

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), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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
criteria must be met:
(1) 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.

(2) 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.
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.

(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
(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; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
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(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), 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 February 8, 2012 on behalf of workers of Wyatt VI, Inc.,
a division of Wyatt Field Service Company, working on-site at
Hovensa Oil Refinery, Christiansted, St. Croix, Virgin Islands.
The workers’ firm is engaged in activities related to the supply of
maintenance services for the petrochemical industry.
The petitioners allege that the subject firm has lost
business as a result of foreign trade. During the course of the
investigation, information was collected from the workers’ firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or directly
competitive with the maintenance services supplied by Wyatt VI,
Inc. have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Wyatt VI, Inc. has not shifted the
supply of services like or directly competitive with maintenance
services to a foreign country or acquired like or directly
competitive services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Wyatt VI, Inc. is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because the workers’
firm has not been publicly identified by name by the International
Trade Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222 of
the Act, 19 U.S.C. § 2272, have not been met and, therefore, deny
the petition for group eligibility of Wyatt VI, Inc., a division
of Wyatt Field Service Company, working on-site at Hovensa Oil
Refinery, Christiansted, St. Croix, Virgin Islands engaged in


activities related to the supply of maintenance services to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 6th day of April, 2012


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



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