DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,182

GERDAU AMERISTEEL US, INC.
CALVERT CITY MILL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
INSIGHT GLOBAL, HIRE LEVEL, AND U.S. SECURITY ASSOCIATES
CALVERT CITY, KENTUCKY

Amended Certification 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 issued a
Certification of Eligibility to Apply for Worker Adjustment
Assistance on April 9, 2018, applicable to workers of Gerdau
Ameristeel US, Inc., Calvert City Mill Division, including on-
site leased workers from Insight Global and Hire Level, Calvert
City, Kentucky. The Department’s notice of determination was
published in the Federal Register on July 18, 2018 (83 FR 33953).
At the request of a one-stop operator/partner, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
steel bars.
The one-stop operator/partner reports that the leased worker
group, U.S. Security Associates, provided on-site security services
during the relevant period.


The amended notice applicable to TA-W-92,182 is hereby issued as
follows:
"All workers of Gerdau Ameristeel US, Inc., Calvert
City Mill Division, including on-site leased workers
from Insight Global, Hire Level, and U.S. Security
Associates, Calvert City, Kentucky who became totally
or partially separated from employment on or after
September 6, 2015 through April 9, 2020, and all workers
in the group threatened with total or partial separation
from employment on April 9, 2018 through April 9, 2020,
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 28th day of September, 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-92,182

GERDAU AMERISTEEL US, INC.
CALVERT CITY MILL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
INSIGHT GLOBAL AND HIRE LEVEL
CALVERT CITY, KENTUCKY

Notice of Revised Determination
on Remand

On January 29, 2018, the U.S. Court of International Trade
(USCIT) granted the U.S. Department of Labor’s motion for
voluntary remand for further investigation in Former Employees
of Calvert City, Kentucky Facility of Gerdau Ameristeel US, Inc.
v. United States, Case No. 17-00273.
On September 7, 2016, a representative of the United
Steelworkers of America, Sub-District 4 (USW) filed a petition
for Trade Adjustment Assistance (TAA) on behalf of workers and
former workers of Gerdau Ameristeel US, Inc., Calvert City Mill
Division, Calvert City, Kentucky (Gerdau-Calvert City).
Gerdau-Calvert City is engaged in activities related to the
production of steel bars. The subject worker group includes
on-site leased workers from Insight Global and Hire Level.
The initial investigation revealed that a significant number
or proportion of workers at Gerdau-Calvert City were totally or
partially separated from employment or were threatened with such
separation and that Gerdau-Calvert City sales and/or production
have decreased absolutely.
The initial investigation also revealed that imports of
articles like or directly competitive with the steel bars produced
by Gerdau-Calvert City (subject firm imports, customer imports,
and aggregate imports) did not increase during the relevant period
when compared to the representative base period; that Gerdau-
Calvert City did not shift the production of steel bars, or like or
directly competitive articles, to a foreign country and did not
acquire such production from a foreign country; that Gerdau-Calvert
City is neither 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 Trade Act, as amended; and
that Gerdau-Calvert City has not been named by the International
Trade Commission as a member of an affected domestic industry under
Section 222(e) of the Trade Act, as amended.
The Department of Labor (Department) issued a negative
determination regarding worker group eligibility to apply for
worker adjustment assistance, applicable to workers and former
workers of Gerdau Ameristeel US, Inc., Calvert City Mill
Division, Calvert City, Kentucky, on January 18, 2017.
By application dated April 20, 2017, the USW requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for worker adjustment
assistance, applicable to workers and former workers of Gerdau-
Calvert City. The request for reconsideration did not supply facts
not previously considered or 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. The Department issued a Negative Determination on
the Application for Reconsideration on May 31, 2017.
The USCIT, in granting the Department’s motion for
voluntary
remand, directed the Department conduct further investigation as
appropriate, determine whether the petitioning worker group is
eligible to apply for TAA, and issue the appropriate
redetermination on remand.
During the remand investigation, the Department carefully
reviewed previously collected information and additional
information, and conducted another thorough analysis of the
afore-referenced information.
The group eligibility requirements for workers of a firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) 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; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm 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.

Section 222(a)(1) has been met because a significant number
or proportion of the workers in Gerdau-Calvert City have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(A)(i) has been met because Gerdau-Calvert
City sales and/or production of steel bars have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with steel bars
have increased relative to Gerdau-Calvert City production during
the relevant period when compared to the representative base
period.
Section 222(a)(2)(A)(iii) has been met because the increased
imports contributed importantly to worker separations and
sales/production declines at Gerdau-Calvert City.
Conclusion
After careful review of the facts obtained during the initial,
reconsideration, and remand investigations, I determine that
workers of Gerdau-Calvert City, who are engaged in activities
related to the production of steel bars, 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 Gerdau Ameristeel US, Inc., Calvert City
Mill Division, including on-site leased workers from Insight
Global and Hire Level, Calvert City, Kentucky, who became
totally or partially separated from employment on or after
September 6, 2015 through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the 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 9th day of April, 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-92,182

GERDAU AMERISTEEL US, INC.
CALVERT CITY MILL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
INSIGHT GLOBAL AND HIRE LEVEL
CALVERT CITY, KENTUCKY

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated April 20, 2017, the United Steelworkers
Union (USW) 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 Gerdau Ameristeel US, Inc., Calvert City
Mill Division, including on-site leased workers from Insight
Global and Hire Level, Calvert City, Kentucky (Gerdau Ameristeel
US). The determination was issued on January 18, 2017. The
Department’s Notice of determination will soon be published in the
Federal Register.
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 negative determination applicable to workers and former
workers at Gerdau Ameristeel US was based on the Department’s
findings that imports of steel bars and like or directly
competitive articles (by Gerdau Ameristeel US, by Gerdau
Ameristeel US’s major declining customers, and in the aggregate)
did not increase during the relevant period when compared to the
representative base period; that Gerdau Ameristeel US did not
shift the production of steel bars, or like or directly
competitive articles, to a foreign country and did not acquire
such production from a foreign country; that Gerdau Ameristeel US
is neither 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 Trade Act, as amended; and
that Gerdau Ameristeel US has not been named by the International
Trade Commission as a member of an affected domestic industry
under Section 222(e) of the Trade Act, as amended.
The request for reconsideration states that “Petitioners have
met the criteria required for the Department of Labor to issue a
worker certification under Section 222(a) of the Act, 19 U.S.C. §
2272(a), under the Increased Imports Path”.
“Increased imports means that imports have increased either
absolutely or relative to domestic production compared to a
representative base period. The representative base period shall
be one year consisting of the four quarters immediately preceding
the date which is twelve months prior to the date of the
petition.” 29 CFR 90.2
Petition TA-W-92,182 is dated September 6, 2016.
Consequently, the period of investigation is September 2015
through August 2016 and the representative base period is
September 2014 through August 2015. The Department carefully
reviewed information regarding imports of steel bars, and like or
directly competitive articles, during 2014, 2015 and January
through August 2016. Import data was collected from the workers’
firm, its major declining customers, the U.S. Census, and the
American Iron and Steel Institute.
The request for reconsideration states that “imports, mostly
from Asia, have devastated the United States domestic steel
industry”; imports “increased 12.3% from 2011 to 2013, and surged
again by 24.5% from 2013 to 2014”; “imports of structural steel
shapes, which Calvert City produced, rose by 45% in the last few
months of 2015”; imports constituted 29% of the U.S. market in
2015; imports of structure beams by Gerdau Ameristeel US increased
from an average of 22,000 tons per month in 2010 to an average of
51,000 tons per month in 2016; aggregate imports of merchant bars
increased from an average of 30,000 tons per month in 2010 to an
average of 51,000 tons per month in 2016 (representing an
aggregate import increase from 5.7% of market share in 2010 to
8.1% of market share in 2016; and a major customer of the workers’
firm “dramatically increased its purchase of imported structural
steel from 2015 to 2016.” The request for reconsideration includes
copies of material provided by the workers’ firm to USW but did
not identify the afore-mentioned major declining customer.
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 31st day of May, 2017

/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-92,182

GERDAU AMERISTEEL US, INC.
CALVERT CITY MILL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
INSIGHT GLOBAL AND HIRE LEVEL
CALVERT CITY, KENTUCKY

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 September 7, 2016 by a United Steelworkers of America,
Sub-District 4 on behalf of workers of Gerdau Ameristeel US,
Inc., Calvert City Mill Division, Calvert City, Kentucky
(herein referred to as "Gerdau Ameristeel US, Inc."). The
workers' firm is engaged in activities related to the production
of steel bars. The subject worker group includes on-site leased
workers from Insight Global and Hire Level.
The petitioner alleged: "Based on the attached
information, it is the United Steelworkers belief that an
increase in foreign trade of products produced by the Calvert
City Mill are a significant factor in the idling of this
facility and we ask that the office of trade adjustment
investigate this petition in a timely manner."
During the course of the investigation, information was
collected from the workers' firm, the petitioner, the firm's
major declining customers, and the American Iron and Steel
Institute.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of steel bars produced by Gerdau
Ameristeel US, Inc., have not increased. The subject firm did
not report imports of steel bars, or like or directly
competitive articles. Furthermore, a survey was conducted of
the subject firm's major declining customer's regarding their
purchases of steel bars and like or directly competitive
articles. The survey revealed no increased imports.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of steel bars or a like or directly competitive
article to a foreign country or acquire steel bars 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 Gerdau Ameristeel US, Inc., 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 Gerdau Ameristeel US, Inc., 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 Gerdau Ameristeel US,
Inc., Calvert City Mill Division, including on-site leased
workers from Insight Global and Hire Level, Calvert City,
Kentucky, engaged in activities related to the production of
steel bars to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 18th day of January 2017.
/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance