DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-39,742

REPUBLIC TECHNOLOGIES INTERNATIOAL, LLC
JOHNSTOWN, PENNSYLVANIA

Notice of Negative Determination
On Reopening

The Department on its own motion reopened the petition investigation for workers of the subject firm. The denial notice was signed on August 14, 2001, and published in the Federal Register on August 23, 2001 (66 FR 44379).
The Department initially denied TAA to workers engaged in the production of steel bar (billets), at Republic Technologies International, Johnstown, Pennsylvania, because criterion (3) of the worker group eligibility requirements of Section 222 of the Trade Act of 1974, as amended, was not met. Increased imports did not contribute importantly to declines in sales or production and worker separations.
The petitioner states that an affiliated plant located in Canton, Ohio producing hot rolled steel bars was certified for TAA under TA-W-38,782. The petitioner further states that these two facilities are identical, owned and operated by the same corporation and also supply the same customers.
The billets produced at the Johnstown facility are not like and directly competitive with hot rolled steel bars produced at the Canton plant. In fact, the subject plant shipped virtually all (a negligible amount went to the Canton, Ohio plant) billet production to an affiliated plant located in Lackawanna, New York to be rolled into hot rolled steel bars. The Lackawanna, New York facility was not under any TAA certification during the relevant period. The Canton certification was based on outside customers increasing their reliance on hot rolled steel bars, not billets.
Although the Canton and Johnstown plants are operated by the same corporation, they produce different products. The two plants are not vertically integrated and therefore the Johnstown workers may not be tied to the Canton TAA certification.
Conclusion
After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the application is denied.
Signed at Washington, D.C. this 30th day of October 2001.

/s/ Edward A. Tomchick

___________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,742

REPUBLIC TECHNOLOGIES INTERNATIONAL
JOHNSTOWN, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply For Worker 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 subdi-vision have decreased absolutely; and

(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appro-priate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.


The investigation was initiated in response to a petition filed by the United Steelworkers of America, Local 2632, received on August 6, 2001 and filed on behalf of workers at Republic Technologies International, Johnstown, Pennsylvania. The workers were engaged in the production of steel bars (billets).
Workers at the facility were denied eligibility to apply for Trade Adjustment Assistance on October 4, 2000 (TA-W-37,966).
That investigation revealed that criterion (3) has not been met.
No production or employment has taken place at the subject plant since the determination of TA-W-37,966. Since no new circumstances have occurred since that determination there is no basis for a change in the determination.
Conclusion
After careful review, I determine that all workers of Republic Technologies International, Johnstown, Pennsylvania, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 14th day of August, 2001

/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance