[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Notices]
[Pages 28642-28643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11480]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-82,113]


SGL Carbon, LLC, Including Leased On-Site Worker of Reflex 
Staffing Services and Manpower, St. Marys, Pennsylvania; Notice of 
Negative Determination on Reconsideration

    The initial investigation began on October 31, 2012 when a 
representative of the International Union of Electronic, Electrical, 
Salaried, Machine and Furniture Workers/Communications Workers of 
America (IUE/CWA) Local 502, filed a petition for Trade Adjustment 
Assistance (TAA) on behalf of workers and former workers of SGL Carbon, 
LLC, St. Marys, Pennsylvania (subject firm). The workers are engaged in 
activities related to the production of graphite component parts. The 
worker group includes on-site leased workers from Reflex Staffing 
Services and Manpower.
    The negative determination was based on the findings that there had 
not been a decline in sales or production of graphite component parts 
at the subject firm during the relevant time period. The Department's 
notice of negative determination was issued on December 14, 2012 and 
published in the Federal Register on January 4, 2013 (78 FR 771).
    By application dated January 9, 2013, the IUE/CWA requested 
administrative reconsideration of the Department's negative 
determination.
    The application stated that the subject firm produces graphite 
components for solar panels and that many U.S. companies have 
difficulty competing in the solar business due to foreign competition. 
The application further states that workers of one of the subject 
firm's competitors (Mersen USA, Greenville, Michigan) are eligible to 
apply for TAA under petition TA-W-81,550.
    On February 25, 2013, the Department issued a Notice of Affirmative 
Determination Regarding Application for Reconsideration, which was 
published in the Federal Register on March 8, 2013 (78 FR 15048).
    Increased imports means imports of like or directly competitive 
articles have increased during the period under investigation (the 
twelve month period prior to the date of the petition) as compared to 
the representative base period, which is the one year consisting of the 
four quarters immediately preceding the date which is twelve months 
prior to the petition date.
    In the case at hand, the petition date is October 19, 2012. As 
such, the period under investigation is October 2011 through September 
2012 and the representative base period is October 2010 through 
September 2011.
    In the course of the reconsideration investigation, the Department 
confirmed previously collected information and collected additional 
information from the subject firm to address the petitioner's 
allegations.
    With respect to Section 222(a)(2)(A)(i) of the Act, the 
reconsideration investigation confirmed that the subject firm did not 
experience a decline in the sales or production of graphite parts 
during the period under investigation. As such, it is irrelevant 
whether imports of articles like or directly competitive with the 
graphic parts produced by the subject firm, or imports of finished 
articles incorporating component parts not produced in the United 
States, increased.
    With respect to Section 222(a)(2)(B) of the Act, the 
reconsideration investigation confirmed that the subject

[[Page 28643]]

firm did not shift the production of graphite parts, or like or 
directly competitive articles, to a foreign country and did not acquire 
the production of graphite parts, or like or directly competitive 
articles, from a foreign country.
    Workers of Mersen USA, Greenville, Michigan (TA-W-81,550) were 
certified eligible to apply of adjustment assistance on a secondary 
basis (for being a supplier to a firm that employed workers who 
received a certification of eligibility under Section 222(a) of the 
Act).
    In the case at hand, none of the major customers of the subject 
firm employ worker groups who are currently eligible to apply for TAA 
under Section 222(a) of the Act. As such, the worker group at the 
subject firm is not similarly-situated as the workers covered by TA-W-
81,550.

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 SGL Carbon, LLC, including on-site leased workers from 
Reflex Staffing Services and Manpower, St. Marys, Pennsylvania, are 
ineligible to apply for adjustment assistance.

    Signed in Washington, DC, on this 29th day of April, 2013
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-11480 Filed 5-14-13; 8:45 am]
BILLING CODE 4510-FN-P