DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,022

INTREPID POTASH INC.
A SUBSIDIARY OF INTREPID POTASH, LLC-NEW MEXICO
A SUBSIDIARY OF INTREPID POTASH, LLC-MOAB DELAWARE
A SUBSIDIARY OF INTREPID POTASH, LLC-WENDOVER, COLORADO
INCLUDING ON-SITE LEASED WORKERS FROM WEST SERVICES
CARLSBAD, NEW MEXICO


Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated on January 22, 2014,
resulted in a negative determination, issued on April 15, 2014,
that was based on the Department’s finding that the subject firm
did not shift the production of potash, or like or directly
competitive articles, to a foreign country and that, during the
relevant period, there were no increased imports of potash, or like
or directly competitive articles. The determination was applicable
to workers and former workers of Intrepid Potash Inc., a subsidiary
of Wendover, Denver, Colorado (Intrepid Potash). The workers’ firm
is engaged in activities related to the production of potash.
Based on information reviewed during the reconsideration
investigation, the Department determined that the worker group is
Intrepid Potash, Inc., a subsidiary of Intrepid Potash, LLC-New
Mexico, a subsidiary of Intrepid Potash, LLC-Moab, Delaware, a
subsidiary of Intrepid Potash, LLC-Wendover, Colorado, including
onsite leased workers from West Services, Carlsbad, New Mexico
(Intrepid Potash) and is issuing a determination that clarifies the
worker group. The Department determines that the worker group
eligibility criteria have been met.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of potash by Intrepid Potash have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of potash, or like or directly competitive articles, have
increased during the twelve month period prior to the petition
date as compared to the representative base period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Intrepid Potash.
Conclusion
After careful review, I determine that workers of Intrepid
Potash, who are engaged in activities related to the production of
potash, 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 Intrepid Potash, Inc., a subsidiary of
Intrepid Potash, LLC-New Mexico, a subsidiary of Intrepid
Potash, LLC-Moab, Delaware, a subsidiary of Intrepid Potash,
LLC-Wendover, Colorado, including onsite leased workers from
West Services, Carlsbad, New Mexico who became totally or
partially separated from employment on or after January 17,
2013, 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 unde
r Chapter 2 of Title II of the Trade Act of 1974, as amended.”

Signed in Washington, D.C., this 22nd day of March, 2016


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





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,022

INTREPID POTASH INC.
A SUBSIDARY OF WENDOVER
INCLUDING ON-SITE LEASED WORKERS FROM WEST SERVICES
DENVER, COLORADO

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 ("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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For
the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that 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
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:

(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.

For the Department to issue a certification under Section
222(b) of the Act, 19 U.S.C. § 2272(b), to workers of a Supplier
or a Downstream Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article that
was the basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on January 22, 2014 by a company official on behalf of
workers of Intrepid Potash, Inc., a subsidiary of Wendover,
LLC, Denver, Colorado (Intrepid Potash). The workers' firm is
engaged in activities related to the production of potash
primarily used for crop nutrient, animal feed supplement and
in oil and gas drilling and completion fluids. The worker
group includes on-site leased workers from West Services.
The petition states that a "pricing war" that began in mid-
2013 between two of the largest potash producers in the world
resulted in increased imports and an increase in supply which
"resulted in an immediate and sustained drop in the price of
potash . . . resulting in the necessary reduction in our
workforce."
During the course of the investigation, information was
collected from the workers' firm and its major declining
customer.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Intrepid Potash did not shift the
production of potash, or like or directly competitive articles,
to any foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of articles like or directly
competitive with potash produced by Intrepid Potash have not
increased during the relevant period. The subject firm did not
report increased imports of potash, or like or directly
competitive articles, and the Department's customer survey did
not reveal increased imports of potash, or like or directly
competitive articles.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Intrepid Potash is not a Supplier
or Downstream Producer to a firm that employed a group of
workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. 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 Intrepid Potash,
Inc., a subsidiary of Wendover, LLC, Denver, Colorado, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, as amended, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, amended.

Signed in Washington, D.C. this 15th day of April 2014.

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