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TAW-95726A  /  IPSCO Koppel Tubulars, LLC (Koppel, PA)

Petitioner Type: Union
Impact Date: 02/12/2019
Filed Date: 02/24/2020
Most Recent Update: 09/28/2021
Determination Date: 09/28/2021
Expiration Date: 09/28/2023

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,726

IPSCO KOPPEL TUBULARS, LLC

A WHOLLY OWNED SUBSIDARY OF IPSCO TUBULARS, INC.

A WHOLLY OWNED SUBSIDARY OF MAVERICK TUBE CORPORATION

A WHOLLY OWNED SUBSIDARY OF TENARIS CORPORATION

INCLUDING ON-SITE LEASED WORKERS FROM

ADECCO, AEROTEK, AND EXPRESS EMPLOYMENT PROFESSIONALS

AMBRIDGE, PENNSYLVANIA

TA-W-95,726A

IPSCO KOPPEL TUBULARS, LLC

A WHOLLY OWNED SUBSIDARY OF IPSCO TUBULARS, INC.

A WHOLLY OWNED SUBSIDARY OF MAVERICK TUBE CORPORATION

A WHOLLY OWNED SUBSIDARY OF TENARIS CORPORATION

INCLUDING ON-SITE LEASED WORKERS FROM

ADECCO, AEROTEK, AND EXPRESS EMPLOYMENT PROFESSIONALS

KOPPEL, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

On March 17, 2021, the Department of Labor issued an
Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of IPSCO Koppel
Tubulars, LLC, a wholly owned subsidiary of IPSCO Tubular, Inc.,
a wholly owned subsidiary of Maverick Tube Corporation, a wholly
owned subsidiary of Tenaris Corporation, including on-site
leased workers from Adecco, Aerotek, and Express Employment
Professionals, Ambridge, Pennsylvania. The application made
mention of workers at IPSCO Koppel Tubulars, LLC, a wholly owned
subsidiary of IPSCO Tubular, Inc., a wholly owned subsidiary of

Maverick Tube Corporation, a wholly owned subsidiary of Tenaris
Corporation, including on-site leased workers from Adecco,
Aerotek, and Express Employment Professionals, Koppel,
Pennsylvania. The notice was published in the Federal Register on
March 22, 2021 (86 FR 15270).

To support the request for reconsideration, the petitioner
supplied additional information, to supplement that which was
gathered during the initial investigation. All information was
analyzed and the following was determined:

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 re-manufactured hydraulic cylinder components and
assemblies by IPSCO Koppel Tubulars, LLC, have decreased
absolutely.

Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the article
produced by IPSCO Koppel Tubulars, LLC, 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 IPSCO Koppel
Tubulars, LLC.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of IPSCO Koppel
Tubulars, LLC, a wholly owned subsidiary of IPSCO Tubular, Inc.,
a wholly owned subsidiary of Maverick Tube Corporation, a wholly
owned subsidiary of Tenaris Corporation, including on-site
leased workers from Adecco, Aerotek, and Express Employment
Professionals, Ambridge, Pennsylvania (TA-W-95,726) and IPSCO
Koppel Tubulars, LLC, a wholly owned subsidiary of IPSCO Tubular,
Inc., a wholly owned subsidiary of Maverick Tube Corporation, a
wholly owned subsidiary of Tenaris Corporation, including on-
site leased workers from Adecco, Aerotek, and Express Employment
Professionals, Koppel, Pennsylvania (TA-W-95,726A), who were
engaged in employment related to the production of tubulars goods
(casing, tubing and drill pipes) and various other products, 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 IPSCO Koppel Tubulars, LLC, a wholly owned
subsidiary of IPSCO Tubular, Inc., a wholly owned subsidiary
of Maverick Tube Corporation, a wholly owned subsidiary of

Tenaris Corporation, including on-site leased workers from
Adecco, Aerotek, and Express Employment Professionals,
Ambridge, Pennsylvania (TA-W-95,726) and IPSCO Koppel
Tubulars, LLC, a wholly owned subsidiary of IPSCO Tubular,
Inc., a wholly owned subsidiary of Maverick Tube
Corporation, a wholly owned subsidiary of Tenaris
Corporation, including on-site leased workers from Adecco,
Aerotek, and Express Employment Professionals, Koppel,
Pennsylvania (TA-W-95,726A), who became totally or partially
separated from employment on or after February 12, 2019,
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 28th day of September, 2021



HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,726

IPSCO KOPPEL TUBULARS, LLC

A WHOLLY OWNED SUBSIDIARY OF IPSCO TUBULARS, INC.

A WHOLLY OWNED SUBSIDIARY OF MAVERICK TUBE CORPORATION

A WHOLLY OWNED SUBSIDIARY OF TENARIS CORPORATION

INCLUDING ON-SITE LEASED WORKERS FROM

ADECCO, AEROTEK, AND EXPRESS EMPLOYMENT PROFESSIONAL

AMBRIDGE, PENNSYLVANIA

Notice of Affirmative Determination

Regarding Application for Reconsideration

By application dated February 3, 2021, a union representative
from the United Steelworkers, Local 9305, requested administrative
reconsideration of the negative determination regarding workers'
eligibility to apply for worker adjustment assistance applicable to
workers and former workers of IPSCO Koppel Tubulars, LLC, a wholly
owned subsidiary of IPSCO Tubular, Inc., a wholly owned
subsidiary of Maverick Tube Corporation, a wholly owned
subsidiary of Tenaris Corporation, including on-site leased
workers from Adecco, Aerotek, and Express Employment
Professional, Ambridge, Pennsylvania who are engaged in
activities related to the production of "oil country tubulars
goods (casing, tubing and drill pipes) and various other products."
The determination was issued on January 21, 2021 and the Notice of
Determination has not yet been 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
misinterpretation of facts or of the law justified
reconsideration of the decision.
reconsideration of the decision.

The negative determination was based on the Department's
findings that the worker's firm did not shift in production, nor
did the company or customer increase imports during the period
under investigation.

The request for reconsideration asserts that not only did the
employees at the subject location were involved in the steel making
and production of pipe plus finishing it, but that a determination
should have been made on behalf of workers of IPSCO Koppel
Tubulars, LLC, a wholly owned subsidiary of IPSCO Tubulars, INC.,
a wholly owned subsidiary of Maverick Tube Corporation, a wholly
owned subsidiary of Tenaris Corporation, Koppel, Pennsylvania.
Furthermore, it alleged that the workers' firm produces high
quality casing, tubing and drill pipe for all types of oil and gas
drilling activities, which are imported by the parent company,
Tenaris.

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 17th day of March, 2021

HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,726

IPSCO KOPPEL TUBULARS, LLC

A WHOLLY OWNED SUBSIDARY OF IPSCO TUBULARS, INC.

A WHOLLY OWNED SUBSIDARY OF MAVERICK TUBE CORPORATION

A WHOLLY OWNED SUBSIDARY OF TENARIS CORPORATION

INCLUDING ON-SITE LEASED WORKERS FROM

ADECCO, AEROTEK, AND EXPRESS EMPLOYMENT PROFESSIONAL

AMBRIDGE, 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 February 20, 202 by a United Steel Workers-Local 9305 on
behalf of workers and former workers of IPSCO Koppel Tubulars,
LLC, a wholly owned subsidiary of IPSCO Tubular, Inc., a wholly
owned subsidiary of Maverick Tube Corporation, a wholly owned
subsidiary of Tenaris Corporation, including on-site leased
workers from Adecco, Aerotek, and Express Employment
Professional, Ambridge, Pennsylvania (IPSCO Koppel Tubulars-
Ambridge). IPSCO Koppel Tubulars-Ambridge is engaged in
activities related to the production of oil country tubulars goods
(casing, tubing, and drill pipes) and various other tubular
products.

During the course of the investigation, information was
collected from the petition, the workers' firm, major declining
customer(s), and other sources.

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Criterion (2)(A)(ii) has not been met
because imports of articles like or directly competitive with
tubulars goods produced by IPSCO Koppel Tubulars-Ambridge have not
increased 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 IPSCO Koppel Tubulars-Ambridge did not
shift the production of tubulars goods, or a like or directly
competitive article, to a foreign country or acquire the
production of tubulars goods, 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 IPSCO Koppel Tubulars-Ambridge 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).

Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied 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 IPSCO Koppel Tubulars, LLC,
a wholly owned subsidiary of IPSCO Tubular, Inc., a wholly owned
subsidiary of Maverick Tube Corporation, a wholly owned
subsidiary of Tenaris Corporation, including on-site leased
workers from Adecco, Aerotek, and Express Employment
Professional, Ambridge, 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 21st day of January, 2021

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance