DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,218
PHELPS DODGE INDUSTRIES, INC.
PHELPS DODGE MAGNET WIRE DIVISION
EL PASO, TEXAS

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, 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.
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 January 23, 2004 in
response to a petition filed by a company official on behalf of
workers of Phelps Dodge Industries, Inc., Phelps Dodge Magnet Wire
Division, El Paso, Texas. The workers manufacture magnet wire.
The investigation revealed that employment at the El Paso
facility has declined significantly as the subject firm has shifted
a substantial portion of production to a country with which the
United States has a free trade agreement (Mexico).
The petitioner also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
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 addition, 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 there was a shift in production
from the workers' firm or subdivision abroad of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of these articles. In accordance with the
provisions of the Act, I make the following certification:


"All workers of Phelps Dodge Industries, Inc., Phelps Dodge
Magnet Wire Division, El Paso, Texas, who became totally or
partially separated from employment on or after February 6,
2003 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 11th day of February, 2004.


/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance