DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,964

PHELPS DODGE MINING COMPANY
TYRONE MINING, LLC
TYRONE, NEW MEXICO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 24, 2003 and
filed by a company official on behalf of workers at Phelps Dodge
Mining Company, Tyrone Mining, LLC, Tyrone, New Mexico. The
workers produce copper cathode.
The investigation revealed that employment and production
declined at the subject firm from January through August 2003
compared to the same period in 2002.

The investigation also revealed that imports of copper cathode
by the subject firm increased during the relevant time period.
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 assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with copper cathode produced at the
subject firm contributed importantly to the total or partial
separation of workers and to the decline in sales and production at
that firm. In accordance with the provisions of the Act, I make
the following certification:
“All workers of Phelps Dodge Mining Company, Tyrone Mining,
LLC, Tyrone, New Mexico engaged in the production of copper
cathode who became totally or partially separated from
employment on or after September 3, 2002 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and 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 3rd day of November 2003.

/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance