DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,486

PASMINCO CLINCH VALLEY MINE
THORN HILL, TENNESSEE

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 March 12, 2004 in response
to a petition filed by a company official on behalf of workers at
the Pasminco Clinch Valley Mine, Thorn Hill, Tennessee. The
workers produce zinc concentrate.
Separations at the mine have been ongoing.
The investigation revealed that a shift in production from the
subject facility to a country (Peru) named as a beneficiary under
the Andean Trade Preference Act occurred during the period of
investigation, and the subject firm is increasing its imports.
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 conclude that there was a shift in production from
the workers' firm or subdivision to Peru of articles that are like
or directly competitive with those produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:



"All workers of the Pasminco Clinch Valley Mine, Thorn Hill,
Tennessee, who became totally or partially separated from
employment on or after March 11, 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 at Washington, D.C., this 25th day of March, 2004.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance