DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,845

VESUVIUS USA
TYLER, TEXAS


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(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;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.


The investigation was initiated in response to a petition
filed on May 24, 2019 by the state workforce office on behalf
of workers of Vesuvius USA, Tyler, Texas (Vesuvius USA-Tyler).
The workers' firm is engaged in activities related to the
production of industrial ceramic refractory. Workers are not
separately identifiable by the article produced. The subject
worker group does not include on-site leased workers.
Workers are eligible to apply for Trade Adjustment
Assistance under a previous determination (TA-W-93,095) which
expires on September 28, 2019.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country the production of a(n)
article like or directly competitive with the industrial ceramic
refractory produced by the workers which contributed
importantly to worker group separations at Vesuvius USA-Tyler.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Vesuvius USA, who are
engaged in activities related to the production of industrial
ceramic refractory, 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 Vesuvius USA, Tyler, Texas, who became
totally or partially separated from employment on or after
September 29, 2019 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 25th day of June 2019.

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