Denied
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TAW-91329A  /  Industrial Rubber Applicators, Inc. (Hibbing, MN)

Petitioner Type: State
Impact Date:
Filed Date: 01/12/2016
Most Recent Update: 05/17/2017
Determination Date: 10/24/2016
Expiration Date:

U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,329

IRATHANE SYSTEMS, INC.
A SUBSIDIARY OF IRACORE HOLDINGS CORP.
IRACORE INTERNATIONAL, LLC
HIBBING, MINNESOTA

TA-W-91,329A

INDUSTRIAL RUBBER APPLICATORS, INC.
A SUBSIDIARY OF IRACORE HOLDINGS CORP.
IRACORE INTERNATIONAL, LLC
HIBBING, MINNESOTA

TA-W-91,329B

IRACORE INTERNATIONAL – MINNESOTA, INC.
A SUBSIDIARY OF IRACORE HOLDINGS CORP.
IRACORE INTERNATIONAL, LLC
HIBBING, MINNESOTA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated November 28, 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
Irathane Systems, Inc., a subsidiary of Iracore Holdings Corp.,
Iracore International, LLC, Hibbing, Minnesota (TA-W-91,329),
Industrial Rubber Applicators, Inc., a subsidiary of Iracore
Holdings Corp., Iracore International, LLC, Hibbing, Minnesota (TA-
W-91,329A) and Iracore International-Minnesota, Inc., a subsidiary
of Iracore Holdings Corp., Iracore International, LLC, Hibbing,
Minnesota (TA-W-91,329B). The determination was issued on October
24, 2016 and the Notice of Determination was published in the
Federal Register on January 4, 2017 (82 FR 879).
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 there was no increase in imports by the
workers’ firms, nor was there a foreign shift or foreign
acquisition by the workers’ firms and that no customers increased
import purchases of wear products, or like or directly
competitive articles. Also, the firm was not deemed a downstream
producer or named in a final determination by the United States
International Trade Commission.
Furthermore, the initial investigation resulted in a negative
determination based on the findings that Irathane Systems 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); however, such supply is not related to the
finished article that was the basis for such certification.
The request for reconsideration asserts that the subject firm
provides components to mining companies and integral services that
were directly related to the ability to produce a finished article.
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 17th day of May, 2017

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




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,329

IRATHANE SYSTEMS, INC.
A SUBSIDIARY OF IRACORE HOLDINGS CORP.
IRACORE INTERNATIONAL, LLC
HIBBING, MINNESOTA

TA-W-91,329A

INDUSTRIAL RUBBER APPLICATORS, INC.
A SUBSIDIARY OF IRACORE HOLDINGS CORP.
IRACORE INTERNATIONAL, LLC
HIBBING, MINNESOTA

TA-W-91,329B

IRACORE INTERNATIONAL - MINNESOTA, INC.
A SUBSIDIARY OF IRACORE HOLDINGS CORP.
IRACORE INTERNATIONAL, LLC
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 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 January 12, 2016 by the State Workforce Office on
behalf of workers of Irathane Systems, Inc., a subsidiary of
Iracore Holdings Corp., Iracore International, LLC, Hibbing,
Minnesota (TA-W-91,329), Industrial Rubber Applicators, Inc.,
a subsidiary of Iracore Holdings Corp., Iracore International,
LLC, Hibbing, Minnesota (TA-W-91,329A), and Iracore
International-Minnesota, Inc., a subsidiary of Iracore
Holdings Corp., Iracore International, LLC, Hibbing, Minnesota
(TA-W-91,329B) (hereafter collectively referred to as
"Irathane Systems"). The workers' firm is engaged in activities
related to the production of wear products primarily for the
mining industry. The subject worker group does not include on-
site leased workers.
The petitioner alleged "This business does significant
work with the mining companies. Several of the mines that have
been already TAA certified have shutdown due to the foreign
trade impacts, thus causing the downstream impact to this
business. Reference: TAW# 85796 A&B, 86065 A,B,C,D,E,F and
86083."
During the course of the investigation, information was
collected from the workers' firm and the subject firm's major
declining customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that, during the relevant period,
neither Irathane Systems nor its declining customers increased
import purchases of wear products, or like or directly
competitive articles.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Irathane Systems did not shift the
production of wear products, or like or directly competitive
articles, to a foreign country or acquire the production of
wear products, or like or directly competitive articles, from
a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Irathane Systems 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); however, such supply is not related to the
finished article that was the basis for such certification.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Irathane Systems 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 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 Irathane Systems,
Inc., a subsidiary of Iracore Holdings Corp., Iracore
International, LLC, Hibbing, Minnesota (TA-W-91,329),
Industrial Rubber Applicators, Inc., a subsidiary of Iracore
Holdings Corp., Iracore International, LLC, Hibbing, Minnesota
(TA-W-91,329A), and Iracore International-Minnesota, Inc., a
subsidiary of Iracore Holdings Corp., Iracore International,
LLC, Hibbing, Minnesota (TA-W-91,329B), engaged in activities
related to the production of wear products primarily for the
mining industry, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 24th day of October 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance