DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,053

SHILOH STEEL FABRICATORS, INC.
BETHEL HEIGHTS, ARKANSAS

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated March 18, 2011, resulted in
a negative determination, issued on July 28, 2011, that was based on
the findings that the subject firm did not shift production to a
foreign country nor did the subject firm or its customers increase
imports of articles like or directly competitive with those
produced at the subject firm. The determination was applicable to
workers and former workers of Shiloh Steel Fabricators, Inc., Bethel
Heights, Arkansas (subject firm). The notice of determination was
published in the Federal Register on August 18, 2011 (76 FR 51433).
The workers’ firm is engaged in activities related to the production
of fabricated structural steel.
As required by the Trade Adjustment Assistance Extension Act of
2011 (the TAAEA), the investigation into this petition was reopened
for a reconsideration investigation to apply the requirements for
worker group eligibility under chapter 2 of title II of the Trade Act
of 1974, as amended by the TAAEA, to the facts of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that workers at the
subject firm do not meet the group eligibility criteria to apply
for Trade Adjustment Assistance.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that, during the relevant period, neither
the subject firm nor its major declining customers increased
imports of articles like or directly competitive with the
fabricated structural steel produced at the Bethel Heights,
Arkansas facility.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
production of fabricated structural steel, or a like or directly
competitive article, to a foreign country or acquire the production
of fabricated structural steel, 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 Shiloh Steel Fabricators, Inc. 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 Shiloh Steel Fabricators, Inc. does not act as a
Downstream Producer to a firm (or subdivision, whichever is
applicable) 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 since the workers’ firm has not
been publically 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, 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 Shiloh Steel
Fabricators, Inc., Bethel Heights, Arkansas, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. this 15th day of December, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,053

SHILOH STEEL FABRICATORS, INC.
BETHEL HEIGHTS, ARKANSAS

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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) and (b) of
Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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 three
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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has shifted
production of the articles is a beneficiary country under
the Andean Trade Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery
Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

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 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.”
The investigation was initiated in response to a petition filed
on March 18, 2011 by the Arkansas State Workforce Office on behalf
of workers of Shiloh Steel Fabricators, Inc., Bethel Heights,
Arkansas (Shiloh). The workers’ firm is engaged in activities
related to the production of fabricated structural steel.
The petitioner alleges that the increase of imports of
fabricated structural metals contributed importantly to the worker
separations at Shiloh.
During the course of the investigation, information was
collected from the workers’ firm and surveys were distributed to
Shiloh’s major declining customers
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Shiloh did not shift production of
fabricated structural steel to a foreign country during the relevant
period.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Shiloh did not import fabricated
structural steel in 2009, 2010, and during the first two months 2011.
In response to the allegations, surveys of Shiloh’s major declining
customers revealed that imports of fabricated structural steel did
not increase during the relevant period.
With respect to Section 222(b)(2) of the Act, the investigation
revealed that Shiloh 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 Shiloh does not act as a Downstream Producer to a
firm (or subdivision, whichever is applicable) 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied eligibility
to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that all workers of Shiloh Steel Fabricators, Inc.,
Bethel Heights, Arkansas engaged in activities related to the
production of fabricated structural steel are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act of
1974, as amended, and are also denied eligibility to apply for


alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, amended.
Signed in Washington, D.C. this 28th day of July, 2011


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance





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