Petitioner Type: Company
Impact Date: 05/11/2000
Filed Date: 05/29/2001
Most Recent Update: 12/31/2001
Determination Date: 12/31/2001
Expiration Date: 06/19/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,324
MAVERICK TUBE CORPORATION
BEAVER FALLS, PENNSYLVANIA
Notice of Revised Determination
On Remand
The United States Court of International Trade (USCIT), on
May 6, 2003, granted the Secretary of Labor’s motion for
voluntary remand for further investigation of the negative
determination in Former Employees of Maverick Tube Corp. v. U.S.
Secretary of Labor (Court No. 02-00185).
The Department's initial denial of the petition for
employees of Maverick Tube Corporation, Beaver Falls,
Pennsylvania was issued on December 31, 2001 and published in the
Federal Register on January 11, 2002 (67 Fed. Reg. 1510). The
investigation revealed that criterion (3) was not met. The
Department conducted a survey of the major declining customers of
Maverick Tube Corp., regarding their purchases of cold drawn
tubular products for 1999, 2000 and January through March 2001.
The results of the survey indicated that customer import
purchases of cold drawn tubular product declined during the
relevant period.
On remand, the Department conducted a survey of additional
customers not supplied during the initial investigation. The
survey revealed that customers increased their reliance on
imported cold drawn tubular products during the relevant period.
Conclusion
After careful review of the facts obtained in the investi-
gation, I conclude that increases of imports of articles like or
directly competitive with cold drawn tubular products produced at
Maverick Tube Corporation, Beaver Falls, Pennsylvania contributed
importantly to the decline in sales or production and to the
total or partial separation of workers of that firm.
In accordance with the provisions of the Trade Act, I make
the following certification:
"All workers of Maverick Tube Corporation, Beaver Falls,
Pennsylvania who became totally or partially separated from
employment on or after May 11, 2000, through two years from
the issuance of this revised determination, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Signed at Washington, D.C. this 19th day of June 2003.
/s/ Elliott S. Kushner
______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,324
MAVERICK TUBE CORP.
BEAVER FALLS, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply for Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on May 29, 2001 in response
to a petition filed by a company official on behalf of workers at
Maverick Tube Corp., Beaver Falls, Pennsylvania. The workers
produce cold drawn tubular products.
The investigation revealed that criterion (3) has not been
met.
The Department conducted a survey of the major declining
customer of Maverick Tube Corp., regarding their purchases of
cold drawn tubular products for 1999, 2000 and January through
March 2000 and 2001. Results of the survey indicated declining
purchases of imports from foreign sources.
Conclusion
After careful review, I determine that all workers of
Maverick Tube Corp., Beaver Falls, Pennsylvania, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 31st day of December, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,324
MAVERICK TUBE CORPORATION
BEAVER FALLS, PENNSYLVANIA
Notice of Revised Determination
On Remand
The United States Court of International Trade (USCIT), on
May 6, 2003, granted the Secretary of Labor’s motion for
voluntary remand for further investigation of the negative
determination in Former Employees of Maverick Tube Corp. v. U.S.
Secretary of Labor (Court No. 02-00185).
The Department's initial denial of the petition for
employees of Maverick Tube Corporation, Beaver Falls,
Pennsylvania was issued on December 31, 2001 and published in the
Federal Register on January 11, 2002 (67 Fed. Reg. 1510). The
investigation revealed that criterion (3) was not met. The
Department conducted a survey of the major declining customers of
Maverick Tube Corp., regarding their purchases of cold drawn
tubular products for 1999, 2000 and January through March 2001.
The results of the survey indicated that customer import
purchases of cold drawn tubular product declined during the
relevant period.
On remand, the Department conducted a survey of additional
customers not supplied during the initial investigation. The
survey revealed that customers increased their reliance on
imported cold drawn tubular products during the relevant period.
Conclusion
After careful review of the facts obtained in the investi-
gation, I conclude that increases of imports of articles like or
directly competitive with cold drawn tubular products produced at
Maverick Tube Corporation, Beaver Falls, Pennsylvania contributed
importantly to the decline in sales or production and to the
total or partial separation of workers of that firm.
In accordance with the provisions of the Trade Act, I make
the following certification:
"All workers of Maverick Tube Corporation, Beaver Falls,
Pennsylvania who became totally or partially separated from
employment on or after May 11, 2000, through two years from
the issuance of this revised determination, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Signed at Washington, D.C. this 19th day of June 2003.
/s/ Elliott S. Kushner
______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,324
MAVERICK TUBE CORP.
BEAVER FALLS, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply for Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on May 29, 2001 in response
to a petition filed by a company official on behalf of workers at
Maverick Tube Corp., Beaver Falls, Pennsylvania. The workers
produce cold drawn tubular products.
The investigation revealed that criterion (3) has not been
met.
The Department conducted a survey of the major declining
customer of Maverick Tube Corp., regarding their purchases of
cold drawn tubular products for 1999, 2000 and January through
March 2000 and 2001. Results of the survey indicated declining
purchases of imports from foreign sources.
Conclusion
After careful review, I determine that all workers of
Maverick Tube Corp., Beaver Falls, Pennsylvania, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 31st day of December, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance