Petitioner Type: Company
Impact Date: 01/06/2008
Filed Date: 01/07/2009
Most Recent Update: 01/26/2009
Determination Date: 01/26/2009
Expiration Date: 03/13/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,819
TECK-WASHINGTON, INC.
PEND OREILLE MINE
A SUBSIDIARY OF TECK-AMERICAN, INC.
METALINE FALLS, WASHINGTON
Notice of Revised Determination
On Reopening
The Department, on its own motion, reopened its
investigation for workers and former workers of Teck-Washington,
Inc., Pend Oreille Mine, Metaline Falls, Washington. The workers
produce zinc concentrate.
The initial investigation resulted in a negative
determination issued on January 26, 2009, based on the finding
that there were no increased imports of zinc concentrate, nor did
the subject firm shift production of zinc concentrate to a
foreign country. Since the workers were denied eligibility to
apply for trade adjustment assistance (TAA) they were also denied
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers. The notice was published in the
Federal Register on February 23, 2009 (74 FR 8116).
New information obtained by the Department shows that there
was a shift in production of zinc concentrate from the workers’
firm to Mexico.
Employment at the subject firm has declined.
Based on these findings, it is determined in this case that
the requirements of (a)(2)(B) of Section 222 have been met.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
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 in the industry are adverse.
Conclusion
After careful consideration of the new facts obtained on
reopening, it is concluded that there was a shift in production
by the workers’ firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision.
In accordance with the provisions of the Trade Act of 1974,
I make the following revised determination:
"All workers of Teck-Washington, Inc., Pend Oreille Mine, A
Subsidiary of Teck-American, Inc., Metaline Falls,
Washington, who became totally or partially separated from
employment on or after January 6, 2008, 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 13th day of March 2009
/s/ Linda G. Poole___________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,819
TECK-WASHINGTON, INC.
PEND OREILLE MINE
A SUBSIDIARY OF
TECK-AMERICAN, INC.
METALINE FALLS, WASHINGTON
Negative Determinations 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 group eligibility requirements for directly-
impacted (primary) workers under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive with articles produced by such
firm or subdivision have contributed importantly to such workers’ separation or threat
of separation and to the decline in sales or production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on January 7, 2009, in
response to a petition filed by a company official on behalf of
workers of Teck-Washington, Inc., Pend Oreille Mine, a subsidiary
of Teck-American, Inc., Metaline Falls, Washington. The workers
produce zinc concentrate.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met.
The investigation revealed that the subject firm did not
import zinc concentrate nor did they shift production of zinc
concentrate to a foreign country during the period under
investigation.
The subject firm’s output of zinc is for export.
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 assistance
(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 of the facts obtained in the investigation, I determine
that all workers of Teck-Washington, Inc., Pend Oreille Mine, a
subsidiary of Teck-American, Inc., Metaline Falls, Washington, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C. this 26th day of January 2009
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
6
Employment and Training Administration
TA-W-64,819
TECK-WASHINGTON, INC.
PEND OREILLE MINE
A SUBSIDIARY OF TECK-AMERICAN, INC.
METALINE FALLS, WASHINGTON
Notice of Revised Determination
On Reopening
The Department, on its own motion, reopened its
investigation for workers and former workers of Teck-Washington,
Inc., Pend Oreille Mine, Metaline Falls, Washington. The workers
produce zinc concentrate.
The initial investigation resulted in a negative
determination issued on January 26, 2009, based on the finding
that there were no increased imports of zinc concentrate, nor did
the subject firm shift production of zinc concentrate to a
foreign country. Since the workers were denied eligibility to
apply for trade adjustment assistance (TAA) they were also denied
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers. The notice was published in the
Federal Register on February 23, 2009 (74 FR 8116).
New information obtained by the Department shows that there
was a shift in production of zinc concentrate from the workers’
firm to Mexico.
Employment at the subject firm has declined.
Based on these findings, it is determined in this case that
the requirements of (a)(2)(B) of Section 222 have been met.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
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 in the industry are adverse.
Conclusion
After careful consideration of the new facts obtained on
reopening, it is concluded that there was a shift in production
by the workers’ firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision.
In accordance with the provisions of the Trade Act of 1974,
I make the following revised determination:
"All workers of Teck-Washington, Inc., Pend Oreille Mine, A
Subsidiary of Teck-American, Inc., Metaline Falls,
Washington, who became totally or partially separated from
employment on or after January 6, 2008, 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 13th day of March 2009
/s/ Linda G. Poole___________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,819
TECK-WASHINGTON, INC.
PEND OREILLE MINE
A SUBSIDIARY OF
TECK-AMERICAN, INC.
METALINE FALLS, WASHINGTON
Negative Determinations 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 group eligibility requirements for directly-
impacted (primary) workers under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive with articles produced by such
firm or subdivision have contributed importantly to such workers’ separation or threat
of separation and to the decline in sales or production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on January 7, 2009, in
response to a petition filed by a company official on behalf of
workers of Teck-Washington, Inc., Pend Oreille Mine, a subsidiary
of Teck-American, Inc., Metaline Falls, Washington. The workers
produce zinc concentrate.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met.
The investigation revealed that the subject firm did not
import zinc concentrate nor did they shift production of zinc
concentrate to a foreign country during the period under
investigation.
The subject firm’s output of zinc is for export.
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 assistance
(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 of the facts obtained in the investigation, I determine
that all workers of Teck-Washington, Inc., Pend Oreille Mine, a
subsidiary of Teck-American, Inc., Metaline Falls, Washington, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C. this 26th day of January 2009
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
6