DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,325

MESABI METALLICS COMPANY LLC F/K/A ESSAR STEEL MINNESOTA LLC
A WHOLLY OWNED SUBSIDIARY OF ESSAR GLOBAL FUND LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS EMPLOYMENT
PROFESSIONALS, ALWAYS THERE STAFFING, VESTERHEIM GEOSCIENCE
PLC, AND ROD JOHNSON & ASSOCIATES
HIBBING, MINNESOTA


Notice of Revised Determination
on Reconsideration

On August 3, 2016, the Department of Labor issued a Notice of
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Mesabi Metallics Company LLC
f/k/a Essar Steel Minnesota LLC, a wholly owned subsidiary of
Essar Global Fund Limited, including on-site leased workers from
Express Employment Professionals, Always There Staffing,
Vesterheim Geoscience PLC, and Rod Johnson & Associates, Hibbing,
Minnesota (Mesabi Metallics Company).
Based on new information provided by the subject firm during
the reconsideration investigation, the Department of Labor
determines that the workers’ firm acquired the supply of
engineering, procurement, and construction services, or like or
directly competitive services, from a foreign country and that
the supply of services contributed importantly to worker group
separations at Mesabi Metallics Company.

Conclusion
After careful review of the additional facts obtained during
the reconsideration investigation, I determine that workers of
Mesabi Metallics Company, who were engaged in the supply of
engineering, procurement, and construction services, 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 Mesabi Metallics Company LLC f/k/a Essar
Steel Minnesota LLC, a wholly owned subsidiary of Essar
Global Fund Limited, including on-site leased workers from
Express Employment Professionals, Always There Staffing,
Vesterheim Geoscience PLC, and Rod Johnson & Associates,
Hibbing, Minnesota, who became totally or partially separated
from employment on or after January 11, 2015, 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 3rd day of April, 2017


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance





U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,325

ESSAR STEEL MINNESOTA LLC
A WHOLLY OWNED SUBSIDIARY OF ESSAR GLOBAL FUND LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS EMPLOYMENT
PROFESSIONALS, ALWAYS THERE STAFFING, VESTERHEIM GEOSCIENCE
PLC, AND ROD JOHNSON & ASSOCIATES
HIBBING, MINNESOTA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated May 2, 2016, the state workforce office
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Essar Steel Minnesota LLC, a wholly owned subsidiary Essar Global
Fund Limited, including on-site leased workers from Express
Employment Professionals, Always There Staffing, Vesterheim
Geoscience PLC, Rod Johnson & Associates, Hibbing, Minnesota. The
determination was issued on April 8, 2016.
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 initial investigation resulted in a negative determination
based on the findings that that imports did not increase, and that
the workers’ firm does not import machining and construction
services. Further, the firm did not shift the supply of machining
and construction services or like or directly competitive services
to a foreign country or acquire machining and construction services
or like or directly competitive services from a foreign country.
Further, the firm 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). The services
supplied by the workers firm were not used in the production of an
article, iron ore. Finally, the firm 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).
The request for reconsideration asserts that this
determination is erroneous and that the subject firm workers should
be considered in production of mining. The request also included
additional information relating to this statement.
The Department of Labor 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.
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 8th day of August, 2016

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





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,325

ESSAR STEEL MINNESOTA LLC
A WHOLLY OWNED SUBSIDIARY OF ESSAR GLOBAL FUND LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS EMPLOYMENT
PROFESSIONALS, ALWAYS THERE STAFFING, VESTERHEIM GEOSCIENCE
PLC, AND ROD JOHNSON & ASSOCIATES
HIBBING, MINNESOTA

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 three 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer." 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.

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 January 12, 2016 by the state workforce office on
behalf of workers of Essar Steel Minnesota LLC, a wholly owned
subsidiary of Essar Global Fund Limited, including on-site
leased workers from Express Employment Professionals, Always
There Staffing, Vesterheim Geoscience PLC, and Rod Johnson &
Associates, Hibbing, Minnesota (hereafter referred to as
"ESML"). The workers' firm is engaged in activities related to
the supply of machining & construction services. Workers are
not separately identifiable by service supplied. ESML is a
project-stage company and does not yet produce any articles.
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 imports of services like or directly
competitive with machining & construction services by ESML,
have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
machining & construction services or a like or directly
competitive service to a foreign country or acquire machining
& construction services or like or directly competitive
services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Essar Steel Minnesota LLC, a
wholly owned subsidiary of Essar Global Fund Limited,
including on-site leased workers from Express Employment
Professionals, Always There Staffing, Vesterheim Geoscience
PLC, and Rod Johnson & Associates, Hibbing, Minnesota 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 Essar Steel Minnesota LLC, a
wholly owned subsidiary of Essar Global Fund Limited,
including on-site leased workers from Express Employment
Professionals, Always There Staffing, Vesterheim Geoscience
PLC, and Rod Johnson & Associates, Hibbing, Minnesota does not
act as a Downstream Producer to a firm (or subdivision,
whichever is applicable) 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 Essar Steel Minnesota
LLC, a wholly owned subsidiary of Essar Global Fund Limited,
including on-site leased workers from Express Employment
Professionals, Always There Staffing, Vesterheim Geoscience
PLC, and Rod Johnson & Associates, Hibbing, Minnesota, engaged
in activities related to the supply of machining & construction
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 8th day of April 2016.

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance