[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32462-32463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12738]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-81,313]


Wyatt Virgin Islands (V.I.), Inc., a Division of Wyatt Field 
Service Company, Working On-Site at Hovensa, LLC Oil Refinery, 
Christiansted, St. Croix, U.S. Virgin Islands; Notice of Negative 
Determination on Reconsideration

    The initial investigation, instituted on February 8, 2012, on 
behalf of workers and former workers of Wyatt Virgin Islands (V.I.), 
Inc., a division of Wyatt Field Service Company, working on-site at 
HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, U.S. Virgin 
Islands (subject facility) resulted in a negative determination, issued 
on April 6, 2012. The Department's Notice of negative determination was 
published in the Federal Register on April 19, 2012 (77 FR 23511).
    Workers of Wyatt V.I., Inc. (subject firm) provided turnaround 
(intermittent and ``as needed'') maintenance services on-site at the 
subject facility. The workers of the subject firm working on-site at 
HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, U.S. Virgin 
Islands (subject worker group) worked only at the subject facility.
    The petition states, ``HOVENSA = Hess Oil is a joint venture with 
Venezuela. Impact of the closure of this plant & refinery will affect 
thousands of people displacing workers workforce. Losses at the HOVENSA 
refinery have totaled $1.3 billion in the past three years, and are 
projected to continue.''
    The petitioning worker group eligibility requirements for workers 
(and former 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 three workers filed a petition 
for Trade Adjustment Assistance (TAA), dated February 6, 2012, on 
behalf of workers and former workers of Wyatt V.I., Inc. (subject 
firm). Although workers of the

[[Page 32463]]

subject firm supplied maintenance services on-site at HOVENSA, LLC Oil 
Refinery, Christiansted, St. Croix, U.S. Virgin Islands (subject 
facility), Wyatt VI, Inc. is a domestic firm and the subject worker 
group was based out of Texas. The subject firm was under contract with 
HOVENSA, LLC (HOVENSA) during the relevant time period for the supply 
of maintenance services at the oil refinery and the worker group 
subject to this investigation was recruited from Texas on a seasonal 
and ``as needed'' staffing basis.
    The initial determination was based on the findings that, although 
a significant proportion of the subject worker group had become 
separated, imports of services like or directly competitive with the 
maintenance services supplied by the subject firm had not increased; 
the subject firm had not shifted the supply of services like or 
directly competitive with maintenance services to a foreign country or 
acquired like or directly competitive services from a foreign country; 
the subject firm was not a supplier or downstream producer to a firm 
that employed a group of workers who received a certification to apply 
for adjustment assistance; and the subject firm was not publicly 
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.

Reconsideration Investigation

    By application dated May 18, 2012, a State workforce office agent 
requested, on behalf of a worker, administrative reconsideration of the 
Department's negative determination regarding the eligibility of the 
subject worker group to apply for adjustment assistance. In the 
application, the worker stated that the initial negative determination 
was inaccurate because ``International Global Trade & its initial 
impact contributed to the losses & closure of HOVENSA oil refinery, 
which displaced & dislocated thousands of workers, not to mention that 
those jobs will not return.''
    On June 26, 2012, 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 July 10, 
2012 (77 FR 40637).
    In the course of the reconsideration investigation, the Department 
reviewed the Trade Act, as amended, applicable regulations, previously-
submitted information, information provided by the worker on whose 
behalf the request for reconsideration was filed, and new information 
provided by the subject firm.
    During the reconsideration investigation, the Department clarified 
the identity of the subject worker group. The Department confirmed that 
HOVENSA was the only customer of Wyatt V.I., Inc. during the relevant 
time period, that Wyatt V.I., Inc. was created exclusively for the 
contract with HOVENSA, and that the subject worker group was 
established to exclusively work at the HOVENSA refinery plant in the 
U.S. Virgin Islands. Specifically, the subject workers were temporary 
workers who were hired by Wyatt V.I., Inc. to perform maintenance 
services. As such, the Department determines that the subject worker 
group is limited to workers of Wyatt V.I., Inc., a division of Wyatt 
Field Service Company, working on-site at HOVENSA, LLC Oil Refinery, 
Christiansted, St. Croix, U.S. Virgin Islands.
    Section 222(a)(1) and Section 222(a)(2)(A)(i) have been met because 
a significant number or proportion of workers of Wyatt V.I., Inc., 
working on-site at HOVENSA, LLC Oil Refinery, Christiansted, St. Croix, 
U.S. Virgin Islands, have become totally separated and because the 
supply of maintenance services supplied by the subject worker group 
have decreased absolutely.
    Section 222(a)(2)(A)(ii) has not been met because neither increased 
imports of services like or directly competitive with the maintenance 
services supplied by the subject worker groups nor increased imports of 
refined petroleum products (the article which was produced directly 
using the maintenance services supplied by the subject worker group) 
could not have contributed importantly to worker separations at the 
subject firm.
    Section 247(7) of the Trade Act, as amended (19 U.S.C. Sec.  2319) 
defines ``state'' to mean the fifty States compromising the United 
States of America (U.S.), the District of Columbia, and the 
Commonwealth of Puerto Rico. Further, the regulation addressing 
benefits available under the Trade Program defines ``State'' to mean 
the fifty States compromising the U.S., the District of Columbia, and 
the Commonwealth of Puerto Rico. 20 C.F.R. 617.3(hh)
    29 CFR 90.2 states that ``Increased imports means that imports have 
increased either absolutely or relative to domestic production compared 
to a representative base period.''
    Because the subject worker group provided services on-site at a 
facility within the U.S. Virgin Islands, shipments of refined petroleum 
products, or like or directly competitive articles, into the U.S. 
Virgin Islands could not be considered imports into the United States, 
for purposes of the Trade Act, as amended. Consequently, there were no 
imports during the relevant period, for purposes of the Trade Act, as 
amended.
    Section 222(a)(2)(B)(i) has not been met because the subject firm 
did not shift to a foreign country, or acquire from a foreign country, 
the supply of services like or directly competitive with the 
maintenance services supplied by the subject worker group. Rather, the 
supply of maintenance services at HOVENSA ceased when the contract 
between the subject firm and HOVENSA (its only client) was terminated. 
Further, any shift in the supply of services from the U.S. Virgin 
Islands would not constitute a shift from the United States to a 
foreign country as the U.S. Virgin Islands is not considered a state, 
for purposes of the Trade Act, as amended.

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 Wyatt Virgin Islands (V.I.), Inc., a division of Wyatt Field 
Service Company, working on-site at HOVENSA, LLC Oil Refinery, 
Christiansted, St. Croix, U.S. Virgin Islands, are ineligible to apply 
for adjustment assistance.

    Signed in Washington, DC, on this 17th day of May, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-12738 Filed 5-29-13; 8:45 am]
BILLING CODE 4510-FN-P