Certified
« back to search results

TAW-90016  /  GrafTech USA LLC (Saint Marys, PA)

Petitioner Type: Company
Impact Date: 08/18/2014
Filed Date: 07/09/2015
Most Recent Update: 12/22/2015
Determination Date: 12/22/2015
Expiration Date: 12/22/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,016

GRAFTECH USA LLC
SAINT 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(a) of the Act, 19 U.S.C. § 2272(a), are
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; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied 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.

The investigation was initiated in response to a petition
filed on July 9, 2015 by a company official on behalf of
workers of GrafTech USA LLC, Saint Marys, Pennsylvania (herein
known as "GrafTech USA LLC" or "worker's firm"). The workers'
firm is engaged in activities related to the production of
graphite electrodes.
The workers of the subject firm were previously certified
eligible to apply for Trade Adjustment Assistance (TAA) under
petition number TA-W-81,853 which expired on August 17, 2014.
During the course of the investigation, information was
collected from the workers' firm and their major declining
customers.
Section 222(a)(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(a)(2)(A)(i) has been met because the sales
and/or production of graphite electrodes by GrafTech USA LLC
have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
article produced by GrafTech USA LLC have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
worker group separations and sales/production declines at
GrafTech USA LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of GrafTech USA LLC,
Saint Marys, Pennsylvania, who are engaged in activities related
to the production of graphite electrodes meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of GrafTech USA LLC, Saint Marys,
Pennsylvania, who became totally or partially separated
from employment on or after August 18, 2014, 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 22nd day of December, 2015.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance