UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,580

PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING LLC

INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER

PES ADMINISTRATIVE SERVICES LLC

INCLUDING ON-SITE LEASED WORKERS FROM PROJECT CONTROL SERVICES
INC., WORKFORCE LOGIQ, AND MPC PROJECT MANAGEMENT LLC

PHILADELPHIA, PENNSYLVANIA

Notice of Negative Determination
on Reconsideration

On July 14, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of Philadelphia
Energy Solutions Refining and Marketing LLC, including workers
whose wages were reported under PES Administrative Services LLC,
including on-site leased workers from Project Control Services
Inc., Workforce Logiq, and MPC Project Management LLC,
Philadelphia, Pennsylvania (Philadelphia Energy Solutions
Refining and Marketing LLC). The notice was published in the
Federal Register on August 25, 2020 (85 FR 52364).

To support the request for reconsideration, the petitioner
supplied additional information asserting that the workers' firm
was impacted by the cessation of production at the refinery due to
the increase in imports of refined petroleum products like or
directly competitive with the articles produced by the workers.

During the reconsideration investigation, information was
collected the workers' firm, from the major declining customer(s)
of the workers' firm, and the U.S. Energy Information
Administration.

With respect to Section 222(a)(2)(A)(iii) of the Act, the
investigation revealed that imports of fuels and petrochemicals
(gasoline, diesel fuel, marine fuel components, propane, butane,
propylene, cumene, benzene, jet fuel, and kerosene) did not
contribute importantly to sales or production declines or worker
separations at the workers' firm.

During the period of 2018 to 2019, the workers' firm did not
report imports of fuels and petrochemicals (gasoline, diesel fuel,
marine fuel components, propane, butane, propylene, cumene,
benzene, jet fuel, and kerosene) or articles like or directly
competitive during the aforementioned period.

A survey of the workers' firm's major declining customer(s)
revealed negligible (de minus) imports of fuels and petrochemicals
(gasoline, diesel fuel, marine fuel components, propane, butane,
propylene, cumene, benzene, jet fuel, and kerosene) and like or
directly competitive articles.

Furthermore, United States imports of fuels and petrochemicals
(gasoline, diesel fuel, marine fuel components, propane, butane,
propylene, cumene, benzene, jet fuel, and kerosene) and articles
like or directly competitive, collected from the U.S. Energy
Information Administration, revealed an import decline, or
production increased, during the aforementioned period under
investigation.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of fuels and petrochemicals (gasoline, diesel fuel, marine fuel
components, propane, butane, propylene, cumene, benzene, jet fuel,
and kerosene) or like or directly competitive articles to a foreign
country or acquire fuels and petrochemicals (gasoline, diesel
fuel, marine fuel components, propane, butane, propylene, cumene,
benzene, jet fuel, and kerosene) or like or directly competitive
articles from a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Philadelphia Energy Solutions
Refining and Marketing LLC 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 Philadelphia Energy Solutions
Refining and Marketing LLC 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 Philadelphia Energy
Solutions Refining and Marketing LLC, including workers whose
wages were reported under PES Administrative Services LLC,
including on-site leased workers from Project Control Services
Inc., Workforce Logiq, and MPC Project Management LLC,
Philadelphia, Pennsylvania engaged in activities related to the
production fuels and petrochemicals (gasoline, diesel fuel, marine
fuel components, propane, butane, propylene, cumene, benzene, jet
fuel, and kerosene), to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 28th day of June, 2022.


HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,580

PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING LLC
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER
PES ADMINISTRATIVE SERVICES LLC
INCLUDING ON-SITE LEASED WORKERS FROM PROJECT CONTROL SERVICES
INC., WORKFORCE LOGIQ, AND MPC PROJECT MANAGEMENT LLC
PHILADELPHIA, PENNSYLVANIA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated May 8, 2020, the United Steel Workers
(USW) requested administrative reconsideration of the negative
determination regarding eligibility to apply for worker adjustment
assistance applicable to workers and former workers of
Philadelphia Energy Solutions Refining and Marketing LLC,
including workers whose wages are reported under PES
Administrative Services LLC, including on-site leased workers
from Project Control Services Inc., Workforce Logiq, and MPC
Project Management LLC, Philadelphia, Pennsylvania (Philadelphia
Energy Solutions R&M).
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 request for reconsideration asserts that the workers of
Philadelphia Energy Solutions R&M should be eligible to apply for
Trade Adjustment Assistance because the workers were impacted by
the cessation of production at the refinery due to the increase in
imports of refined petroleum products like or directly competitive
with the article produced by the subject workers.
The Department of Labor 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 in Washington, D.C. this 14th day of July, 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-95,580

PHILADELPHIA ENERGY SOLUTIONS REFINING AND MARKETING LLC
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER
PES ADMINISTRATIVE SERVICES LLC
INCLUDING ON-SITE LEASED WORKERS FROM PROJECT CONTROL SERVICES
INC., WORKFORCE LOGIQ, AND MPC PROJECT MANAGEMENT LLC
PHILADELPHIA, 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 January 21, 2020 by the United Steelworkers (USW),
Sub-District 5, on behalf of workers and former workers of
Philadelphia Energy Solutions Refining and Marketing LLC,
including workers whose wages are reported under PES
Administrative Services LLC, Philadelphia, Pennsylvania
(Philadelphia Energy Solutions Refining and Marketing LLC).
The workers' firm was engaged in activities related to the
production of fuels and petrochemicals prior to the permanent
cessation of operations in August 2019. The worker group
includes on-site leased workers from Project Control Services
Inc., Workforce Logiq, and MPC Project Management LLC.
The petition states, in part "Increased Imports of products
and due to fire at the plant this allowed loss of market share
due to lack of production."
During the course of the investigation, information was
collected from the petition and the workers' firm. The
Department did not survey the customers of Philadelphia Energy
Solutions Refining and Marketing LLC because they are members
of the general public.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Philadelphia Energy Solutions
Refining and Marketing LLC did not increase imports of fuels
and petrochemicals, or like or directly competitive articles,
during the relevant period when compared to the representative
base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Philadelphia Energy Solutions
Refining and Marketing LLC did not shift the production of
fuels and petrochemicals, or like or directly competitive
articles, to a foreign country or acquire the production of
fuels and petrochemicals, or like or directly competitive
articles, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Philadelphia Energy Solutions
Refining and Marketing LLC is not a Supplier or 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 Philadelphia Energy
Solutions Refining and Marketing LLC, including workers whose
wages are reported under PES Administrative Services LLC,
including on-site leased workers from Project Control Services
Inc., Workforce Logiq, and MPC Project Management LLC,
Philadelphia, Pennsylvania, to apply for adjustment assistance,
in accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 10th day of March 2020.

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