[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Page 22910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08930]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,156]


Johnstown Specialty Castings, Inc., A Subsidiary of WHEMCO, 
Johnstown, PA; Notice of Negative Determination on Reconsideration

    The initial investigation, initiated on February 8, 2012, on behalf 
of workers of Johnstown Specialty Castings, Inc., a subsidiary of 
WHEMCO, Johnstown, Pennsylvania (subject firm) resulted in a negative 
determination, issued on January 8, 2013. The Department's notice of 
negative determination was published in the Federal Register on 
February 6, 2013 (78 FR 8591).
    The group eligibility requirements for workers of a Firm under 
Section 222(a) of the Act, 19 U.S.C. 2272(a), can be satisfied if the 
following criteria are met:

    (1) A significant number or proportion of the workers in such 
workers' firm have become totally or partially separated, or are 
threatened to become totally or partially separated; and
    (2)(A)(i) The sales or production, or both, of such firm have 
decreased absolutely;
    (ii)(I) Imports of articles or services like or directly 
competitive with articles produced or services supplied by such firm 
have increased;
    (II) Imports of articles like or directly competitive with 
articles--
    (aa) Into which one or more component parts produced by such 
firm are directly incorporated, or
    (bb) Which are produced directly using services supplied by such 
firm, have increased; or
    (III) Imports of articles directly incorporating one or more 
component parts produced outside the United States that are like or 
directly competitive with imports of articles incorporating one or 
more component parts produced by such firm have increased; and
    (iii) The increase in imports 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
    (B)(i)(I) There has been a shift by such workers' firm to a 
foreign country in the production of articles or the supply of 
services like or directly competitive with articles which are 
produced or services which are supplied by such firm; or
    (II) Such workers' firm has acquired from a foreign country 
articles or services that are like or directly competitive with 
articles which are produced or services which are supplied by such 
firm; and
    (ii) The shift described in clause (i)(I) or the acquisition of 
articles or services described in clause (i)(II) contributed 
importantly to such workers' separation or threat of separation.

Initial investigation

    The initial investigation began when a representative from United 
Steelworkers, Local 2632, filed a petition for Trade Adjustment 
Assistance (TAA), dated November 6, 2012, on behalf of workers and 
former workers of the subject firm. The workers are engaged in 
employment related to the production of steel castings, slag pots, 
steel rolls, steel sleeves, and mill liners.
    The negative determination was based on the findings that there was 
less than a significant number or proportion of worker separations at 
the subject firm during the relevant time period (November 2011 through 
October 2012).

Reconsideration Investigation

    By application dated February 2, 2013, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding the eligibility of the subject worker group to 
apply for adjustment assistance.
    In the request for reconsideration, the petitioner stated that 
``When (the petition was) filed * * * temporary layoffs had just 
started * * * On January 23, 2013, Whemco * * * sent a WARN notice 
letter * * * stating new layoffs will begin March 4, 2013 * * * .''
    On February 25, 2013, the Department issued a Notice of Affirmative 
Determination Regarding Application for Reconsideration in order to 
conduct further investigation to determine worker eligibility. The 
Department's Notice was published in the Federal Register on March 8, 
2013 (78 FR 15048).
    In the course of the reconsideration investigation, the Department 
carefully reviewed previously-submitted information and collected 
additional information from the subject firm to address the 
petitioner's allegation.
    According to 29 CFR 90.2, Layoff means a suspension from pay status 
for lack of work initiated by the employer and expected to last for no 
less than seven (7) consecutive calendar days; Significant number or 
proportion of the workers means that (a) in most cases the total or 
partial separations, or both, in a firm or appropriate subdivision 
thereof, are the equivalent to a total unemployment of five percent (5 
percent) of the workers or 50 workers, whichever is less; or (b) at 
least three workers in a firm (or appropriate subdivision thereof) with 
a work force of fewer than 50 workers would ordinarily have to be 
affected; and Threatened to begin means, in the context of impending 
total or partial separations, the date on which it could reasonably be 
predicted that separations were imminent.
    The information collected on reconsideration confirmed that, during 
the relevant time period, there were no layoffs, or a threat of 
layoffs, at the subject firm. Therefore, Section 222(a)(1) has not been 
met because a significant number or proportion of the workers at the 
subject firm did not become totally separated or partially separated 
during the period under investigation.

Conclusion

    After careful review of the Trade Act of 1974, as amended, 
applicable regulation, and information obtained during the initial and 
reconsideration investigations, I determine that workers and former 
workers of Johnstown Specialty Castings, Inc., a subsidiary of WHEMCO, 
Johnstown, Pennsylvania, are ineligible to apply for adjustment 
assistance.

    Signed in Washington, DC, on this 3rd day of April, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-08930 Filed 4-16-13; 8:45 am]
BILLING CODE 4510-FN-P