Certified
« back to search results

TAW-96048  /  Vallourec Star, LP (Youngstown, OH)

Petitioner Type: State
Impact Date: 07/08/2019
Filed Date: 07/09/2020
Most Recent Update: 03/23/2021
Determination Date: 03/23/2021
Expiration Date: 03/23/2023

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,048

VALLOUREC STAR, LP

VALLOUREC GROUP NA DIVISION

A SUBSIDIARY OF VALLOUREC S.A.

INCLUDING ON-SITE LEASED WORKERS FROM

MIDWEST INDUSTRIAL CONTRACT SERVICE

AND INDUSTRIAL MILL MAINTENANCE

YOUNGSTOWN, OHIO

Notice of Revised Determination
on Reconsideration

By application dated March 1, 2021, the workers' firm
requested administrative reconsideration of the negative
determination regarding workers' eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Vallourec Star, LP, Vallourec Group NA division, a subsidiary of
Vallourec S.A., including on-site leased workers from Midwest
Industrial Contract Service and Industrial Mill Maintenance,
Youngstown, Ohio. The workers are engaged in activities related
to the production of seamless pipe for the oil and gas industry.

To support the request for reconsideration, the
reconsideration applicant supplied additional information to
supplement that which was gathered during the initial
investigation.

Based on a careful review of the petition, previously
submitted information and additional information, the Department
determines that workers and former workers of Vallourec Star, LP,
Vallourec Group NA division, a subsidiary of Vallourec S.A.,
including on-site leased workers from Midwest Industrial Contract
Service and Industrial Mill Maintenance, Youngstown, Ohio have
met the criteria under Section 222(a) of the Trade Act.

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 a portion of the production of an
article like or directly competitive with the article produced by
the workers which contributed importantly to worker group
separations at Vallourec Star, LP, Vallourec Group NA division, a
subsidiary of Vallourec S.A., including on-site leased workers
from Midwest Industrial Contract Service and Industrial Mill
Maintenance, Youngstown, Ohio.

Conclusion

After careful review of the additional facts obtained on
reconsideration, I determine that workers of Vallourec Star, LP,
Vallourec Group NA division, a subsidiary of Vallourec S.A.,
including on-site leased workers from Midwest Industrial Contract
Service and Industrial Mill Maintenance, Youngstown, Ohio, who
were engaged in activities related to the production of seamless
pipe for the oil and gas industry, 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 Vallourec Star, LP, Vallourec Group NA
division, a subsidiary of Vallourec S.A., including on-site
leased workers from Midwest Industrial Contract Service and
Industrial Mill Maintenance, Youngstown, Ohio who became
totally or partially separated from employment on or after
July 8, 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 23rd day of March, 2021



JESSICA R. WEBSTER

Certifying Officer, Office of

Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,048

VALLOUREC STAR, LP

VALLOUREC GROUP NA DIVISION

A SUBSIDIARY OF VALLOUREC S. A.

INCLUDING ON-SITE LEASED WORKERS FROM

MIDWEST INDUSTRIAL CONTRACT SERVICE

AND INDUSTRIAL MILL MAINTENANCE

YOUNGSTOWN, OHIO

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 materialinjury 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 beginningon the date on which--

(A)a summary of the report submitted to the Presidentby the International Trade Commission under section202(f)(1) with respect to the affirmativedetermination described in paragraph (1)(A) ispublished in the Federal Register under section202(f)(3); or

(B)notice of an affirmative determination described insubparagraph (1) is published in the FederalRegister; 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 July 9, 2020 by a State Workforce Office on behalf of
workers of Vallourec Star, LP, Vallourec Group NA division, a
subsidiary of Vallourec S.A., Youngstown, Ohio (Vallorec Star,
LP). The workers' firm is engaged in activities related to the
production of seamless pipe for oil and gas industry. The subject
worker group includes on-site leased workers from Midwest
Industrial Contract Service and Industrial Mill Maintenance.
The petitioner alleged, "Worker states that jobs moved to
Russia."

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

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Vallourec Star, LP did not increase
imports of seamless pipe or articles like or directly
competitive. The workers' firm did not report imports of the
aforementioned articles in 2018, 2019, or during the period of
January through June 2020. A survey was conducted of the major
declining customer(s) of the workers' firm regarding purchases
of the aforementioned articles and articles like or directly
competitive. The survey did not reveal an increase of imports
of the aforementioned articles or articles like or directly
competitive during the aforementioned periods. Furthermore, a
reveal of U.S. imports revealed decreases as well.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of seamless pipe for oil and gas industry or a like or directly
competitive article to a foreign country or acquire seamless
pipe for oil and gas industry 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 Vallourec Star, LP 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 Vallourec Star, LP 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 Vallourec Star, LP,
Vallourec Group NA division, a subsidiary of Vallourec S.A.,
including on-site leased workers from Midwest Industrial
Contract Service and Industrial Mill Maintenance,
Youngstown, Ohio engaged in activities related to the
production of seamless pipe for oil and
gas industry to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 16th day of January, 2021.

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

Certifying Officer, Office of

Trade Adjustment Assistance