Certified
« back to search results

TAW-93453  /  Evergreen Metallurgical Company LLC dba Bear Metallurgical Company (Butler, PA)

Petitioner Type: State
Impact Date: 05/12/2016
Filed Date: 01/26/2018
Most Recent Update: 03/01/2018
Determination Date: 03/01/2018
Expiration Date: 05/12/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,453

EVERGREEN METALLURGICAL LLC DBA BEAR METALLURGICAL COMPANY
A SUBSIDIARY OF YILMADEN HOLDING A.S.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
BUTLER, PENNSYLVANIA

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
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), are
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 (B) or (C) of paragraph (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 26, 2018 by a state workforce office on behalf
of workers of Evergreen Metallurgical LLC dba Bear
Metallurgical Company, a subsidiary of Yilmaden Holding A.S.,
including on-site leased workers from Express Employment
Professionals, Butler, Pennsylvania ("Evergreen Metallurgical
LLC dba Bear Metallurgical Company"). The workers' firm is
engaged in activities related to the production of ferrovanadium
and ferromolybdenum.
The investigation revealed that on May 12, 2017, the
International Trade Commission found that an industry in the
United States is materially injured by reason of imports of
certain ferrovanadium products from Korea. A petition has been
filed on behalf of workers of Evergreen Metallurgical LLC dba
Bear Metallurgical Company. That firm was 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). In addition, that determination was published
in the Federal Register on May 12, 2017, which is within one
year of the date of the petition filed requesting Trade
Adjustment Assistance (TAA) Certification.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Evergreen
Metallurgical LLC dba Bear Metallurgical Company, a subsidiary
of Yilmaden Holding A.S., including on-site leased workers
from Express Employment Professionals, Butler, Pennsylvania,
engaged in activities related to the production of ferrovanadium
and ferromolybdenum meet the requirements of Section 222(e) of
the Act. In accordance with Section 223 of the Act, I make the
following certification:






"All workers of Evergreen Metallurgical LLC dba Bear
Metallurgical Company, a subsidiary of Yilmaden Holding
A.S., including on-site leased workers from Express
Employment Professionals, Butler, Pennsylvania, who became
totally or partially separated from that employment on or
after May 12, 2016, through the date of the certification
and who become totally or partially separated from that
employment from the date of the certification through May
12, 2018, 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 1th day of March 2018.

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