DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,953

MERCER LIME COMPANY
A SUBSIDIARY OF STAR GROUP
SLIPPERY ROCK, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated January 2, 2018, the United
Steelworkers (USW), Local 6346-4, requested administrative
reconsideration of the Department of Labor's negative
determination regarding eligibility to apply for worker
adjustment assistance, applicable to workers and former workers
of Mercer Lime Company, a subsidiary of Star Group, Slippery
Rock, Pennsylvania. The determination was issued on March 6,
2018. The Department’s Notice of determination was published in
the Federal Register on March 1, 2018 (83 FR 8894).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration states that the workers of
the subject were secondarily-affected by customers “that
employed groups of workers who recently received certifications
of eligibility under Section 222(a) of the Act.”
The initial determination states: “With respect to Section
222(b)(2) of the Act, the investigation revealed that Mercer
Lime Company 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 workers’
firm did supply a component part which was incorporated into a
finished article by their customer whose workers were certified
eligible to apply for Trade Adjustment Assistance (TAA). The
lime was not incorporated into a finished article. With respect
to Section 222(b)(2) of the Act, the investigation revealed
that Mercer Lime Company 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 workers’ firm was not engaged in finishing
activities or provided services to customers whose workers were
certified eligible to apply for TAA.”
The request for reconsideration did not supply facts not
previously considered; nor provide additional documentation
indicating that there was either 1) a mistake in the
determination of facts not previously considered or 2) a
misinterpretation of facts or of the law justifying
reconsideration of the initial determination. Based on these
findings, the Department determines that 29 CFR 90.18(c) has not
been met.
Conclusion
After careful review of the application and investigative
findings, I conclude that there has been no error or
misinterpretation of the law or of the facts which would justify
reconsideration of the Department of Labor's prior decision.
Accordingly, the application is denied.
Signed in Washington, D.C., this 4th day of May, 2018.

/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-91,953

MERCER LIME COMPANY
A SUBSIDIARY OF STAR GROUP
SLIPPERY ROCK, PENNSYLVANIA

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 June 23, 2016 by the United Steelworkers (USW), Local
6346-4 on behalf of workers of Mercer Lime Company, a subsidiary
of Star Group, Slippery Rock, Pennsylvania. The workers' firm is
engaged in activities related to the production of quicklime and
hydrated lime ("lime") for the metallurgical and environmental
industries.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, the major
declining customer(s) of the workers' firm, and the United
States Geological Survey (USGS).
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the firm did not increase imports of lime
during the period relevant to the investigation (2014, 2015, or
during the period of January thru May 2016). Furthermore, a survey
of the workers' firm major declining customer(s) revealed no
increased imports of lime. Imports of lime was not reported by the
workers' firm nor their major declining customer(s).
Additionally, U.S. imports of lime revealed no increases, absolute
or relative to U.S. lime production. Furthermore, U.S. lime
imports represented small percentage of U.S. consumption of lime.
Imports of finished articles was not considered due to the fact
that lime was not incorporated into a finished article.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of lime or a like or directly competitive article to a foreign
country or acquire lime 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 Mercer Lime Company 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 workers' firm did supply a component part
which was incorporated into a finished article by their customer
whose workers were certified eligible to apply for Trade
Adjustment Assistance (TAA). The lime was not incorporated into a
finished article.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Mercer Lime Company 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 workers' firm was not
engaged in finishing activities or provided services to customers
whose workers were certified eligible to apply for TAA.
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 Mercer Lime Company, a
subsidiary of Star Group, Slippery Rock, Pennsylvania engaged in
activities related to the production of quicklime and hydrated
lime for the metallurgical and environmental industries to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 2nd day of January 2018.

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