DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,292

BHP COPPER, INC. & SAN MANUEL ARIZONA RAILROAD COMPANY
A SUBSIDIARY OF BHP BILLITON LTD
PINTO VALLEY OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM URS WASHINGTON DIVISION,
STURGEON ELECTRIC, RAM ENTERPRISES, AND CON-WEAR
MIAMI, ARIZONA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed by a company official on May 20, 2009, on behalf of workers
of BHP Copper, Inc. & San Manuel Arizona Railroad Company, a
subsidiary of BHP Billiton Ltd, Pinto Valley Operations, Miami,
Arizona (BHP). Workers of BHP are engaged in employment related
to the production of copper concentrate.
The worker group includes on-site leased workers from URS
Washington Division, Sturgeon Electric, RAM Enterprises, and Con-
Wear.
A prior investigation covering the same worker group was
terminated on March 12, 2009 (TA-W-65,572).
The investigation revealed that workers of BHP who are
engaged in employment related to the production of copper
concentrate meet the criteria for certification.
Section 222(a)(1) has been met because a significant number
or proportion of workers at BHP were separated or threatened with
separation during the relevant period.
Section 222(a)(2)(A)(i) has been met because sales and/or
production of copper concentrate at BHP decreased absolutely
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with copper concentrate
produced by BHP have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports contributed importantly to the worker
separations and declines in sales and/or production at BHP.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BHP Copper, Inc. & San
Manuel Arizona Railroad Company, a subsidiary of BHP Billiton Ltd,
Pinto Valley Operations, Miami, Arizona, who are engaged in
employment related to the production of copper concentrate meet
the worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of BHP Copper, Inc. & San Manuel Arizona Railroad
Company, a subsidiary of BHP Billiton Ltd, Pinto Valley
Operations, including on-site leased workers from URS
Washington Division, Sturgeon Electric, RAM Enterprises, and
Con-Wear, Miami, Arizona, who became totally or partially
separated from employment on or after May 19, 2008, through
two years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the date of certification through two years from
the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade
Act of 1974, as amended."
Signed in Washington, D.C., this 29th day of September, 2009


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance