DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,751

CLIFFS MINING SERVICES COMPANY
ISHPEMING, MICHIGAN

Notice of Revised Determination
on Reconsideration

On November 21, 2003, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
will soon be published in the Federal Register.
The initial determination stated that the subject worker
group did not engage in production but provided engineering
design, testing, management and technical support services for
affiliates of the company. The initial investigation did not
determine whether the workers were eligible to apply for
Alternative Trade Adjustment Assistance since the workers were
not found eligible to apply for Trade Adjustment Assistance.
On review of new information provided by the petitioner and
the company official, it has been determined that subject company
sales, production and employment declined during the relevant
time periods, that the subject worker group was engaged in the
production of iron pellets, that a majority of the workers’
responsibilities involved testing and product quality control,
and that a significant portion of their functions were dedicated
to support an existing Trade-certified company (TA-W-40,489).
A review of the submitted documents revealed that least five
percent of the workforce at the subject from is at least fifty
years of age and that the workers possess skills that are not
easily transferable. Competitive conditions within the industry
are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at the subject
form contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Cliffs Mining Services Company, Ishpeming,
Michigan, who became totally or partially separated from
employment on or after August 19, 2002, through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 22nd day of December 2003.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,751

CLIFFS MINING SERVICES COMPANY
ISHPEMING, MICHIGAN

Negative Determination 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 (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on September 3, 2003 and filed on behalf of workers at
Cliffs Mining Services Company, Ishpeming, Michigan. The workers
are engaged in engineering design, testing, management and
technical support services for affiliates of the company.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section
222 of the Trade Act of 1974, and this determination has been
upheld in the U.S. Court of Appeals.
Workers at that firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, the reduction in demand for services must originate at a
production facility whose workers independently meet the
statutory criteria for certification, and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at this firm.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.



Conclusion
After careful review, I determine that all workers of Cliffs
Mining Services Company, Ishpeming, Michigan are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denial eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D. C. this 10th day of October 2003.

/s/ Elliott S. Kushner
______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance