DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,065

MERSEN USA ST. MARYS-PA COPORATION
HIGH TEMPERATURE DIVISION
A SUBSIDIARY OF MERSEN USA BN CORPORATION
ST. MARYS, PENNSYLVANIA

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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 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 October 10, 2012 by a company official on behalf of
workers of Mersen USA St. Marys-PA Corporation, High
Temperature Division, a subsidiary of Mersen USA Bn
Corporation, St. Marys, Pennsylvania (Mersen USA St. Marys).
The workers' firm is engaged in vertical integrated activities
related to the production of isostatic synthetic carbon and
graphite products. The isostatic synthetic carbon and
graphite products are sent to an affiliated location for
value-added production prior to selling to customer.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(b)(1) has been met because 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.
Section 222(b)(2) has been met because Mersen USA St.
Marys is a Supplier 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 is
related to the finished article that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by the subject firm with the firm that employed a
certified worker group contributed importantly to worker
separations at Mersen USA St. Marys.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Mersen USA St.
Marys-PA Corporation, High Temperature Division, a subsidiary
of Mersen USA Bn Corporation, St. Marys, Pennsylvania, who are
engaged in activities related to the production of isostatic
synthetic carbon and graphite products meet the worker group
certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act,
19 U.S.C. § 2273, I make the following certification:



"All workers of Mersen USA St. Marys-PA Corporation, High
Temperature Division, a subsidiary of Mersen USA Bn
Corporation, St. Marys, Pennsylvania, who became totally
or partially separated from employment on or after
September 24, 2011 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 9th day of November, 2012.


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