Petitioner Type: Union
Impact Date:
Filed Date: 09/10/2001
Most Recent Update: 12/11/2001
Determination Date: 12/11/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,967
BETHLEHEM STEEL CORPORATION
LACKAWANNA COKE DIVISION
LACKAWANNA, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 23, 2002, the United Steel Workers
of America, AFL-CIO-CLC, requested administrative reconsideration
of the Department's negative determination regarding eligibility
for workers and former workers of the subject firm to apply for
Trade Adjustment Assistance (TAA). The denial notice was signed
on December 11, 2001 and published in the Federal Register on
December 26, 2001 (66 FR 66426).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Bethlehem
Steel Corporation, Lackawanna Coke Division, New York engaged in
the production of blast furnace coke, was denied because the
"contributed importantly" group eligibility requirement of
Section 222(3) of the Trade Act of 1974, as amended, was not met.
The "contributed importantly" test is generally demonstrated
through a survey of the workers' firm's customers. The
Department conducted a survey of the subject company's major
customers regarding their purchases of blast furnace coke. The
survey revealed that none of the customers purchased imported
blast furnace coke during the relevant period. United States
aggregate imports of coke and semicoke declined in the January
through September 2001 period over the corresponding January
through September 2000 period. The investigation further
revealed that although Bethlehem Steel Corporation imports blast
furnace coke, these imports had no effect on the Lackawanna plant
because they went to facilities never supplied by the Lackawanna
plant.
The petitioner alleges that increased imports of steel had a
direct effect on coke consumption, thus impacting the Lackawanna
coke plant. The petitioner further states that "the long term
trends of higher coke and steel imports resulted in the shutdown
of Lackawanna."
Steel imports into the United States is not relevant to the
TAA investigation that was filed on behalf of workers producing
blast furnace coke. The product imported must be "like or
directly" competitive with what the subject firm plant produced
and the imports must "contribute importantly" to the layoffs at
the subject plant to meet the eligibility requirements for
adjustment assistance under Section 223 of the Trade Act of 1974.
Further examination of the facts developed in the initial
investigation show that company imports, customer imports and
aggregate U.S. imports of blast furnace coke did not "contribute
importantly" to the layoffs at the subject plant.
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 decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 24th day of April, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,967
BETHLEHEM STEEL CORPORATION
LACKAWANNA COKE DIVISION
LACKAWANNA, NEW YORK
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
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 September 10, 2001 in
response to a petition filed by the United Steelworkers of
America, District 4, on behalf of workers at Bethlehem Steel
Corporation, Lackawanna Coke Division, Lackawanna, New York. The
workers produced blast furnace coke.
The investigation revealed that criterion (3) has not been
met.
United States aggregate imports of coke and semicoke
declined in January to September, 2001 compared with the same
period of 2000.
The Department of Labor surveyed major domestic customers of
the firm regarding their purchases of blast furnace coke. None of
the respondents indicated imports of coke in 2000 or January to
September, 2001.
Although Bethlehem Steel Corporation imports blast furnace
coke, these imports had no affect on the Lackawanna plant because
they went to facilities never supplied by the Lackawanna plant.
Conclusion
After careful review, I determine that all workers of
Bethlehem Steel Corporation, Lackawanna Coke Division,
Lackawanna, New York, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of December, 2001
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,967
BETHLEHEM STEEL CORPORATION
LACKAWANNA COKE DIVISION
LACKAWANNA, NEW YORK
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 23, 2002, the United Steel Workers
of America, AFL-CIO-CLC, requested administrative reconsideration
of the Department's negative determination regarding eligibility
for workers and former workers of the subject firm to apply for
Trade Adjustment Assistance (TAA). The denial notice was signed
on December 11, 2001 and published in the Federal Register on
December 26, 2001 (66 FR 66426).
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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Bethlehem
Steel Corporation, Lackawanna Coke Division, New York engaged in
the production of blast furnace coke, was denied because the
"contributed importantly" group eligibility requirement of
Section 222(3) of the Trade Act of 1974, as amended, was not met.
The "contributed importantly" test is generally demonstrated
through a survey of the workers' firm's customers. The
Department conducted a survey of the subject company's major
customers regarding their purchases of blast furnace coke. The
survey revealed that none of the customers purchased imported
blast furnace coke during the relevant period. United States
aggregate imports of coke and semicoke declined in the January
through September 2001 period over the corresponding January
through September 2000 period. The investigation further
revealed that although Bethlehem Steel Corporation imports blast
furnace coke, these imports had no effect on the Lackawanna plant
because they went to facilities never supplied by the Lackawanna
plant.
The petitioner alleges that increased imports of steel had a
direct effect on coke consumption, thus impacting the Lackawanna
coke plant. The petitioner further states that "the long term
trends of higher coke and steel imports resulted in the shutdown
of Lackawanna."
Steel imports into the United States is not relevant to the
TAA investigation that was filed on behalf of workers producing
blast furnace coke. The product imported must be "like or
directly" competitive with what the subject firm plant produced
and the imports must "contribute importantly" to the layoffs at
the subject plant to meet the eligibility requirements for
adjustment assistance under Section 223 of the Trade Act of 1974.
Further examination of the facts developed in the initial
investigation show that company imports, customer imports and
aggregate U.S. imports of blast furnace coke did not "contribute
importantly" to the layoffs at the subject plant.
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 decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 24th day of April, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,967
BETHLEHEM STEEL CORPORATION
LACKAWANNA COKE DIVISION
LACKAWANNA, NEW YORK
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
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 September 10, 2001 in
response to a petition filed by the United Steelworkers of
America, District 4, on behalf of workers at Bethlehem Steel
Corporation, Lackawanna Coke Division, Lackawanna, New York. The
workers produced blast furnace coke.
The investigation revealed that criterion (3) has not been
met.
United States aggregate imports of coke and semicoke
declined in January to September, 2001 compared with the same
period of 2000.
The Department of Labor surveyed major domestic customers of
the firm regarding their purchases of blast furnace coke. None of
the respondents indicated imports of coke in 2000 or January to
September, 2001.
Although Bethlehem Steel Corporation imports blast furnace
coke, these imports had no affect on the Lackawanna plant because
they went to facilities never supplied by the Lackawanna plant.
Conclusion
After careful review, I determine that all workers of
Bethlehem Steel Corporation, Lackawanna Coke Division,
Lackawanna, New York, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of December, 2001
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance