DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,072

LEAM DRILLING SYSTEMS, LLC
OKLAHOMA CITY, OKLAHOMA

TA-W-90,072A

LEAM DRILLING SYSTEMS, LLC
NEW IBERIA, LOUISIANA

TA-W-90,072B

LEAM DRILLING SYSTEMS, LLC
DICKINSON, NORTH DAKOTA

TA-W-90,072C

LEAM DRILLING SYSTEMS, LLC
CONROE, TEXAS

TA-W-90,072D

LEAM DRILLING SYSTEMS, LLC
MIDLAND, TEXAS

TA-W-90,072E

LEAM DRILLING SYSTEMS, LLC
MORGANTOWN, WEST VIRGINIA


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. § 2272(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; 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.

(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), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on July 28, 2015 by on behalf of workers of Leam Drilling
Systems, LLC, Oklahoma City, Oklahoma (TA-W-90,072); Leam
Drilling Systems, LLC, New Iberia, Louisiana (TA-W-90,072A);
Leam Drilling Systems, LLC, Dickinson, North Dakota (TA-W-
90,072B); Leam Drilling Systems, LLC, Conroe, Texas (TA-W-
90,072C); Leam Drilling Systems, LLC, Midland, Texas (TA-W-
90,072D), and Leam Drilling Systems, LLC, Morgantown, West
Virginia (TA-W-90,072E) (herein known as "Leam Drilling
Systems, LLC"). The workers' firm is engaged in activities
related to the supply of directional drilling consulting
services. Workers engaged in directional drilling is
considered to be article producers, producing oil and/or
natural gas according to 19 U.S.C. 2272 (c)(2) of the Trade
Act of 1974 as amended in 1987.
The petitioner alleged that the separations were due to the
decline of oil prices, that production was reduced and the
company lost business.
During the course of the investigation, information was
collected from the petitioner, workers' firm, and major
declining customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Section 222(a)(2)(A)(ii) has not
been met because the investigation revealed that the workers'
firm, the workers' firm major declining customers, and
aggregate U.S. imports of articles like or directly
competitive with articles produced by Leam Drilling Systems,
LLC have not increased. The firm and its customers do not
import directional drilling consulting services or services
like or directly competitive. Furthermore, aggregate U.S.
imports of crude oil or natural gas did not increase during
the same period of time in which aggregate U.S. production of
crude oil or natural gas was declining (January through July
2015 over the corresponding period in 2014).
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
directional drilling consulting services/articles or a like or
directly competitive service/article to a foreign country or
acquire directional drilling consulting services/articles or a
like or directly competitive service/article from a foreign
country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Leam Drilling Systems, LLC, is not
a Supplier or acts as a 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 either because
Criterion (1) has not been met since 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 Leam Drilling
Systems, LLC, Oklahoma City, Oklahoma (TA-W-90,072); Leam
Drilling Systems, LLC, New Iberia, Louisiana (TA-W-90,072A);
Leam Drilling Systems, LLC, Dickinson, North Dakota (TA-W-
90,072B); Leam Drilling Systems, LLC, Conroe, Texas (TA-W-
90,072C); Leam Drilling Systems, LLC, Midland, Texas (TA-W-
90,072D), and Leam Drilling Systems, LLC, Morgantown, West
Virginia (TA-W-90,072E) engaged in activities related to the
supply of directional drilling consulting (i.e. oil and natural
gas) to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 7th day of April 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance