TAA Decision 96402
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,402
JSW STEEL (USA), INC.
BAYTOWN, TEXAS
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19
U.S.C. § 2273, the Department of Labor ("Department") herein presents the results of an
investigation regarding certification of eligibility to apply for Trade Adjustment Assistance
("TAA") for workers.
The investigation was initiated in response to a TAA petition dated September 25, 2020
and filed on September 28, 2020 by State Workforce Office, on behalf of workers and former
workers of JSW Steel (USA), Inc., Baytown, Texas (hereafter referred to as the "worker group").
In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of teleworkers
and staffed workers."
The worker group is engaged in activities related to the production of carbon steel plate
and pipe and are not separately identifiable.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because the subject firm was "JSW Steel USA WARN indicates layoff is a result that includes
recent changes in quotas for imports of semi-finished steel from Brazil during the fourth quarter
of 2019."
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
The group eligibility requirements for workers of a firm under Section 222(a) of the Act,
19 U.S.C. § 2272(a), are satisfied if the following criteria are met:
Employment Criterion
(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.
20 C.F.R. 618.225(a)(2)(i)(B) states that an "analysis of separation data must generally
consist of a: "(1) Comparison of employment on the petition date to employment on the date that
is 1 year prior to the petition date; (2) Review of employment activity during the 1-year period
prior to the petition date; and (3) Review of evidence provided by the workers' firm regarding
actual and threatened separations that occur, or are scheduled to occur, after the petition date."
The Department determines that the employment criterion has been met.
Decreased Sales or Production Criterion
(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely;
According to 20 C.F.R. 618.225(a)(2)(ii)(B), "Analysis of sales or production data must
generally consist of a comparison of sales or production data on the petition date to sales or
production data on the date that is 1 year prior to the petition date."
The Department determines that the decreased sales or production criterion has been met.
Increased Imports Criterion
(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles
produced or services supplied by such firm have increased.
20 C.F.R. 618.110 defines increased imports to mean "that imports have increased either
absolutely or relative to domestic production compared to a representative base period. The
representative base period will be 1 year consisting of the 4 quarters immediately preceding the
date that is 12 months prior to the date of the petition."
The Department determines that the increased imports criterion has been met.
Contributed Importantly Criterion
(2)(A)(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause." In determining
contributed importantly, according to 20 C.F.R. 618.225(a)(2)(iv) "(A) Analysis of the impact of
increased imports on worker separations and declines in sales or production at the workers' firm
must generally consist of determining: (1) Whether there are one or more events, or factors, that
lessen or sever the causal nexus between the increase in imports and worker separations or threat
of separation, and the decline in sales and production at the workers' firm; (2) What percentage
of the workers' firm sales or production declines was attributable to the firm's increased imports;
(3) What percentage of the workers' firm customer(s) sales or production declines was attributable
to the firm's increased imports; and (4) Whether there are other events or factors that mitigate or
amplify the impact of increased imports on the workers' firm. (B) The impact may be determined
using a quantitative or qualitative analysis."
The Department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of
JSW Steel (USA), Inc., Baytown, Texas, who are engaged in activities related to the production of
carbon steel plate and pipe meet the worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
"All workers of JSW Steel (USA), Inc., Baytown, Texas, who became totally or partially
separated from employment on or after September 25, 2019 through two years from the
date of certification, and all workers in the group threatened with total or partial separation
from employment on the date of certification through two years from the date of
certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of
the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 31st day of March, 2021.
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance