Petitioner Type: Company
Impact Date: 08/23/2000
Filed Date: 09/17/2001
Most Recent Update: 10/31/2001
Determination Date: 10/31/2001
Expiration Date: 01/18/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,997
KEOKUK FERRO-SIL, INC.
KEOKUK, IOWA
Notice of Revised Determination
on Reconsideration
By letter of November 14, 2001, the company requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on October 31, 2001, based on the finding that a survey of customers indicated that increased imports did not contribute importantly to worker separations. The denial notice was published in the Federal Register on November 9, 2001 (66 FR 56711).
The company alleged that 75% ferrosilicon is competitive with 50% ferrosilicon and therefore imports of 75% ferrosilicon should be considered as impacting the subject plant workers.
The Department upon examination of the data supplied by the company is in agreement that 50% and 75% ferrosilicon are competitive with each other for the bulk of their uses. Upon examination of industry trade statistics pertaining to ferrosilicon it is apparent that 50% and 75% ferrosilicon imports increased significantly, while U.S. production declined during the relevant period.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Keokuk Ferro-Sil, Inc., Keokuk, Iowa contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Keokuk Ferro-Sil, Inc., Keokuk, Iowa who became totally or partially separated from employment on or after August 23, 2000 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 18th day of January 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,997
KEOKUK FERRO-SIL, INC.
KEOKUK, IOWA
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 17, 2001 in response to a petition filed on behalf of workers at Keokuk Ferro-Sil, Inc., Keokuk, Iowa. The workers produced 50% ferrosilicon.
The investigation revealed that criterion (3) has not been met.
The Department Of Labor surveyed major customers of the subject firm regarding their purchases of 50% ferrosilicon in 1999, 2000 and January - August 2000 and January - August 2001.
Findings of the survey revealed that none of the customers increased import purchases of 50% ferrosilicon while reducing purchases of these articles from the subject firm.
Conclusion
After careful review, I determine that all workers of Keokuk Ferro-Sil, Inc., Keokuk, Iowa, 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 October, 2001.
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,997
KEOKUK FERRO-SIL, INC.
KEOKUK, IOWA
Notice of Revised Determination
on Reconsideration
By letter of November 14, 2001, the company requested administrative reconsideration regarding the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on October 31, 2001, based on the finding that a survey of customers indicated that increased imports did not contribute importantly to worker separations. The denial notice was published in the Federal Register on November 9, 2001 (66 FR 56711).
The company alleged that 75% ferrosilicon is competitive with 50% ferrosilicon and therefore imports of 75% ferrosilicon should be considered as impacting the subject plant workers.
The Department upon examination of the data supplied by the company is in agreement that 50% and 75% ferrosilicon are competitive with each other for the bulk of their uses. Upon examination of industry trade statistics pertaining to ferrosilicon it is apparent that 50% and 75% ferrosilicon imports increased significantly, while U.S. production declined during the relevant period.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Keokuk Ferro-Sil, Inc., Keokuk, Iowa contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Keokuk Ferro-Sil, Inc., Keokuk, Iowa who became totally or partially separated from employment on or after August 23, 2000 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 18th day of January 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,997
KEOKUK FERRO-SIL, INC.
KEOKUK, IOWA
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 17, 2001 in response to a petition filed on behalf of workers at Keokuk Ferro-Sil, Inc., Keokuk, Iowa. The workers produced 50% ferrosilicon.
The investigation revealed that criterion (3) has not been met.
The Department Of Labor surveyed major customers of the subject firm regarding their purchases of 50% ferrosilicon in 1999, 2000 and January - August 2000 and January - August 2001.
Findings of the survey revealed that none of the customers increased import purchases of 50% ferrosilicon while reducing purchases of these articles from the subject firm.
Conclusion
After careful review, I determine that all workers of Keokuk Ferro-Sil, Inc., Keokuk, Iowa, 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 October, 2001.
/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance