DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,143

AK STEEL CORPORATION

ASHLAND WORKS DIVISION

A SUBSIDIARY OF AK STEEL HOLDING CORPORATION

INCLUDING ON-SITE LEASED WORKERS FROM

HATZEL & BUEHLER AND L.R. DANIELS

ASHLAND, KENTUCKY

Notice of Revised Determination
on Reconsideration

On March 2, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of AK Steel
Corporation, Ashland Works division, a subsidiary of AK Steel
Holding Corporation, including on-site leased workers from
Hatzel & Buehler and L.R. Daniels, Ashland, Kentucky (workers'
firm). The notice was published in the Federal Register on
Wednesday, April 22, 2020 (85 FR 22457).

To support the request for reconsideration, the petitioner
supplied additional information. During the course of the
investigation, information was collected from the workers' firm
and the major declining customer(s) of 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)(A)(i) has been met because the sales
and/or production of hot-dipped coated steel coils by the
workers' firm have decreased absolutely.

Section 222(a)(2)(A)(ii) has been met because customer
imports of hot-dipped coated steel coils like or directly
competitive with the articles produced by the workers' firm have
increased.

Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the worker
group separations and sales/production declines at the workers'
firm.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of AK Steel Corporation,
Ashland Works division, a subsidiary of AK Steel Holding
Corporation, including on-site leased workers from Hatzel &
Buehler and L.R. Daniels, Ashland, Kentucky, who were engaged in
employment related to hot-dipped coated steel coils, 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 AK Steel Corporation, Ashland Works division,
a subsidiary of AK Steel Holding Corporation, including on-
site leased workers from Hatzel & Buehler and L.R. Daniels,

Ashland, Kentucky who became totally or partially separated
from employment on or after September 4, 2018, through two
years from the date of this certification, and all workers in
the group threatened with total or partial separation from
employment on 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 29th day of April, 2021



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,143

AK STEEL CORPORATION
ASHLAND WORKS DIVISION
A SUBSIDIARY OF AK STEEL HOLDING CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
HATZEL & BUEHLER AND L.R. DANIELS
ASHLAND, KENTUCKY

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated February 27, 2020, the United
Steelworkers (USW), Local 1865, requested administrative
reconsideration of the negative determination regarding workers’
eligibility to apply for worker adjustment assistance applicable to
workers and former workers of AK Steel Corporation, Ashland Works
Division, a subsidiary of AK Steel Holding Corporation, including
on-site leased workers from Hatzel & Buehler and L.R. Daniels,
Ashland, Kentucky (AK Steel Corporation – Ashland Works). Worker
of AK Steel Corporation – Ashland Works are engaged in activities
related to the production of hot-dipped coated steel coils. The
worker group does not include on-site leased workers.
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 negative determination was based on the Department’s
findings that the worker’s firm has not imported hot-dipped coated
steel coils, or any like or directly competitive articles, from a
foreign country; that the worker’s firm did not shift the
production of hot-dipped coated steel coils, or a like or
directly competitive article, to a foreign country or acquire the
production of hot-dipped coated steel coils, or a like or
directly competitive article, from a foreign country; that AK
Steel Corporation–Ashland Works 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);
that AK Steel Corporation–Ashland Works 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); and that 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.
The request for reconsideration includes new information
regarding increased imports from a foreign country.
The Department 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, as amended.
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 2nd day of March, 2020

/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-95,143

AK STEEL CORPORATION
ASHLAND WORKS DIVISION
A SUBSIDIARY OF AK STEEL HOLDING CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
HATZEL & BUEHLER AND L.R. DANIELS
ASHLAND, 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 4, 2019, by a union official for the United
Steelworkers Local 1865, on behalf of workers of AK Steel
Corporation, Ashland Works division, a subsidiary of AK Steel
Holding Corporation, including on-site leased workers from
Hatzel & Buehler and L.R. Daniels, Ashland, Kentucky ("AK
Steel Corporation - Ashland Works"). The workers' firm is
engaged in activities related to the production of hot-dipped
coated steel coils. The semi-finished coils are received from
other AK Steel facilities and then processed in hot dip
galvanized and galvannealed carbon steel produced by AK Steel
Corporation - Ashland Works.
The petitioner alleges, "Due to the combination of the
persistent global oversupply of steel and the increased
competition from foreign suppliers, continuing to operate is no
longer economically feasible."
During the course of the investigation, information was
collected from the petitioner and workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports did not increase. Imports
of hot-dipped coated steel coils or like or directly
competitive articles, did not increase relative to a decrease
in production for the period of 2017, 2018, or during the
period of January through August 2019.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that AK Steel Corporation - Ashland
Works, the parent company, affiliates, branches, or subdivisions
did not shift the production of hot-dipped coated steel coils
or a like or directly competitive article to a foreign
country, or acquire hot-dipped coated steel coils 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 AK Steel Corporation - Ashland
Works is not 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). There were no major declining customers which comprised
of at least 20 percent of sales and which AK Steel Corporation -
Ashland Works experienced a major loss during 2016 to 2019.
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 AK Steel Corporation,
Ashland Works division, a subsidiary of AK Steel Holding
Corporation, including on-site leased workers from Hatzel &
Buehler and L.R. Daniels, Ashland, Kentucky, engaged in
activities related to the production of hot-dipped coated steel
coils, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 20th day of December 2019.

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