DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,924

PHELPS DODGE CHINO, INC.
A DIVISION OF FREEPORT-MCMORAN CORPORATION
HURLEY, 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)(A) of Section
222 have been met.
The investigation was initiated on January 21, 2009 in response
to a petition filed on behalf of workers of Phelps Dodge Chino, Inc.,
a division of Freeport-McMoRan Corporation, Hurley, New Mexico.
Workers at the subject firm are engaged in activities related to the
production (mining) of copper and molybdenum concentrates. The
concentrates are sent to affiliated plants for further refining and
eventual production of cathode and copper wire rod. Workers are not
separately identifiable by product.
The investigation revealed that sales, production, and employment
at the subject firm declined from 2007 to 2008.
The investigation revealed that corporate imports of copper at a
later stage of processing from the Hurley, New Mexico mine had a
comparable economic effect and contributed importantly to the declines
in production and employment at the mine.
United States aggregate imports of copper ores and nickel ores
increased in January through November 2008 compared with the same
period the pervious year.
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 and molybdenum concentrates produced at Phelps
Dodge Chino, Inc., a division of Freeport-McMoRan Corporation, Hurley,
New Mexico, contributed importantly to the total or partial separation
of workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Phelps Dodge Chino, Inc., a division of
Freeport-McMoRan Corporation, Hurley, New Mexico, who became
totally or partially separated from employment on or after
January 15, 2008 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 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance