DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,264

SHENANGO INCORPORATED
A WHOLLY OWNED SUBSIDIARY OF DTE ENERGY SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM
STEEL CITY AND SAFETY SUPPLY, MK TECHNOLOGIES INC., AIR
COMPLIANCE CONSULTANTS, AND MANPOWER
PITTSBURGH, PENNSLYVANIA

Notice of Revised Determination
on Reconsideration


On October 31, 2016, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Shenango Incorporated, a
wholly owned subsidiary of DTE Energy Services, including on-site
leased workers from Steel City and Safety Supply, MK Technologies
Inc., Air Compliance Consultants, and Manpower, Pittsburgh,
Pennsylvania (“Shenango”). Workers of Shenango are engaged in
activities related to the production of coke, which is used in the
production of coal and steel.
The request for reconsideration asserts that Shenango is a
Supplier to a firm that employs a worker group that was determined
eligible to apply for Trade Adjustment Assistance (TAA). The
request for reconsideration includes supporting documentation.
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 reconsideration investigation revealed that 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.
The reconsideration investigation revealed that section
222(b)(2) has been met because Shenango 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.
The reconsideration investigation revealed that section
222(b)(3)(B) has been met because the loss of business by
Shenango Incorporated with the firm that employed a certified
worker group contributed importantly to worker separations at
Shenango Incorporated.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Shenango Incorporated,
a wholly owned subsidiary of DTE Energy Services, including on-site
leased workers from Steel City and Safety Supply, MK Technologies
Inc., Air Compliance Consultants, and Manpower, Pittsburgh,
Pennsylvania, who were engaged in activities related to production
of coke (furnace, buckwheat, breeze, and nut) and its by-products
(tar, light oil, steam, and ammonium sulfate), 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 Shenango Incorporated, a wholly owned
subsidiary of DTE Energy Services, including on-site leased
workers from Steel City and Safety Supply, MK Technologies
Inc., Air Compliance Consultants, and Manpower, Pittsburgh,
Pennsylvania, who became totally or partially separated from
employment on or after December 28, 2014, through two years
from the date of this certification, and all workers in the
group threatened with total or partial separation from
employment on 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 14th day of November, 2017

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



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,264

SHENANGO INCORPORATED
A WHOLLY OWNED SUBSIDIARY OF DTE ENERGY SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM STEEL CITY AND SAFETY
SUPPLY, MK TECHNOLOGIES INC., AIR COMPLIANCE CONSULTANTS, AND
MANPOWER
PITTSBURGH, PENNSLYVANIA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated July 1, 2016, the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union requested administrative
reconsideration of the negative determination regarding workers’
eligibility to apply for Trade Adjustment Assistance applicable to
workers and former workers of Shenango Incorporated, a wholly owned
subsidiary of DTE Energy Services, including on-site leased workers
from Steel City and Safety Supply, MK Technologies Inc., Air
Compliance Consultants, and Manpower, Pittsburgh, Pennsylvania
(subject firm). The subject firm is engaged in activities related to
the production of coke and its by-products (tar, light oil, steam,
ammonium sulfate). The determination was issued on May 19, 2016, and
published in the Federal Register on June 7, 2016 (81 FR 36585).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration asserts that imports of steel
(which incorporates metallurgical coke produced by the subject firm)
have dramatically increased and that the subject firm was a supplier
to a firm that employed a worker group eligible to apply for TAA.
The request included additional support information.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that the
Department will conduct further investigation to determine if the
workers meet the eligibility requirements of the Trade Act of 1974,
as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.
Signed at Washington, D.C., this 31st day of October, 2016
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,264

SHENANGO INCORPORATED
A WHOLLY OWNED SUBSIDIARY OF DTE ENERGY SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM STEEL CITY AND SAFETY
SUPPLY, MK TECHNOLOGIES INC., AIR COMPLIANCE CONSULTANTS, AND
MANPOWER
PITTSBURGH, PENNSLYVANIA

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 December 28, 2015 by a company official on behalf of
workers of Shenango Incorporated, a wholly owned subsidiary of
DTE Energy Services, Pittsburgh, Pennsylvania (Shenango). The
workers' firm is engaged in activities related to the production
of coke and its by-products (tar, light oil, steam, and ammonium
sulfate). The subject worker group includes on-site leased
workers from Steel City and Safety Supply, MK Technologies Inc.,
Air Compliance Consultants, and Manpower. The workers are not
separately identifiable by article produced.
The petitioner alleged that global overcapacity in the
steel industry and international trade issues have reduced the
demand for Shenango's product.
During the course of the investigation, information was
collected from the workers' firm, the firm's customers, and the
U.S. Energy Information Administration.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the firm, customers, and aggregate
U.S. imports of articles like or directly competitive with the
articles produced by the Shenango have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of coke or its by-products (tar, light oil, steam,
and ammonium sulfate), or a like or directly competitive
article to a foreign country or acquire coke or its by-
products (tar, light oil, steam, and ammonium sulfate), or a
like or directly competitive article from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Shenango is not 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Shenango does not act 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 Shenango
Incorporated, a wholly owned subsidiary of DTE Energy
Services, including on-site leased workers from Steel City and
Safety Supply, MK Technologies Inc., Air Compliance Consultants,
and Manpower, Pittsburgh, Pennsylvania engaged in activities
related to the production of coke and its by-products (tar,
light oil, steam, and ammonium sulfate) to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 19th day of May 2016.
/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance