DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,355

CHEVRON MINING, INC.
A SUBSIDIARY OF CHEVRON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM STU BLATTNER, INC. (SBI)
QUESTA, NEW MEXICO

Notice of Revised Determination
on Reconsideration


On February 7, 2017, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
applicable to workers and former workers of Chevron Mining, Inc.,
a subsidiary of Chevron Corporation, including on-site leased
workers from Stu Blattner, Inc. (SBI), Questa, New Mexico
(Chevron).
During the course of the reconsideration investigation, the
Department confirmed and clarified previously-submitted
information, reviewed industry studies, and collected aggregate
import data of articles like or directly competitive with the
molybdenum disulfide produced by Chevron.
Based on a careful analysis of information confirmed and
obtained during the reconsideration investigation, the
Department finds that there was significant increase in imports
of articles like or directly competitive with the molybdenum
disulfide produced by Chevron, during the relevant period when
compared with the representative base period, and that the
increased aggregate imports of directly competitive articles
contributed importantly to sales and/or production declines and
worker separations at Chevron.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Chevron, who were
engaged in employment related to the production of molybdenum
disulfide, 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 Chevron Mining, Inc., a subsidiary of Chevron
Corporation, including on-site leased workers from Stu
Blattner, Inc. (SBI), Questa, New Mexico, who became totally
or partially separated from employment on or after June 4,
2013, through two years from the date of this certification,
and all workers in the group threatened with total or partial
separation from employment on 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 1st day of November, 2017

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



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,355

CHEVRON MINING, INC.
A SUBSIDIARY OF CHEVRON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM STU BLATTNER, INC. (SBI)
QUESTA, NEW MEXICO

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated January 9, 2017, the State of New Mexico
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Chevron Mining, Inc., Questa, New Mexico. The negative determination
was issued on September 4, 2016. The Department’s Notice of
determination was published in the Federal Register on December 2,
2016 (81 FR 87079).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The negative determination was based on the Department’s
findings that Chevron Mining, Inc., Questa, New Mexico does not
produce an article within the meaning of Section 222(a) or Section
222(b) of the Trade Act of 1974, as amended (the Act).
The request for reconsideration asserts that this determination
is erroneous. Specifically, the State of New Mexico asserts that
block caving (a “process for extracting deep ore deposits”)
constitutes production and that the Super Fund Site status of Chevron
Mining, Inc., Questa, New Mexico does not preclude production
concurrent with reclamation activities.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that the
Department will conduct further investigation to determine if the
workers meet the eligibility requirements of the Act.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
Department of Labor's prior decision. The application is, therefore,
granted.
Signed at Washington, D.C., this 7th day of February, 2017

/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-85,355

CHEVRON MINING, INC.
A SUBSIDIARY OF CHEVRON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM STU BLATTNER, INC. (SBI)
QUESTA, NEW MEXICO

Notice of Negative 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 investigation, initiated on June 4, 2014, resulted in a
negative determination, issued on July 30, 2014, that was based on
the Department of Labor’s finding that the subject firm did not
produce an article. The workers were engaged in activities related to
the supply of mine development and related support services. The
determination was applicable to workers and former workers of Chevron
Mining, Inc., a subsidiary of Chevron Corporation, including on-site
leased workers from Stu Blattner, Inc. (SBI), Questa, New Mexico
(Chevron-Questa). The Department’s Notice of determination was
published in the Federal Register on August 18, 2014 (79 FR 48775).
The petition is dated June 3, 2014. As such, the representative
base period is June 2012 through May 2013 and the relevant period is
June 2013 through May 2014. 29 CFR 90.2
Workers of Molycorp, Inc., Questa, New Mexico were eligible to
apply for TAA under TA-W-35,278 (certification issued on January 6,
1999) and TA-W-40,739 (certification issued on March 4, 2002).
By application dated August 11, 2014, the State of New Mexico
requested administrative reconsideration of the Department's
determination regarding Chevron-Questa workers’ eligibility to apply
for worker adjustment assistance. The request for reconsideration
states that Chevron Mining, Inc. had been exploring for new mining
veins but decided not to reenter the molybdenum market due to the
impact of the global market, which resulted in worker separations at
Chevron-Questa; cites the certifications of petitions TA-W-40,739 and
TA-W-35,278 as examples of foreign trade impact; and asserts that
foreign trade continues to affect workers at Chevron-Questa. The
request also asserts that workers at Chevron-Questa are eligible to
apply for Trade Adjustment Assistance (TAA) as secondarily-affected
workers, under Section 222(b), 19 U.S.C. § 2272(b) or Section 222(c),
19 U.S.C. § 2272(c) of the Act. The application for regulatory
reconsideration was denied on September 4, 2014.
A complaint filed with the United States Court of
International Trade on November 24, 2014 (No. 14-00315) resulted in
a joint dismissal. Plaintiff’s allegations were addressed during
the statutory reconsideration investigation.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
For the Department 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 the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or supplied by
the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly competitive
with articles into which the component part produced by
the workers’ firm was directly incorporated have
increased; OR
(II)(bb) imports of articles like or directly competitive
with articles which are produced directly using the
services supplied by the workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are like or
directly competitive with the article into which the
component part produced by the workers’ firm was
directly incorporated 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply of
services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(II) there has been an acquisition from a foreign country
by the workers’ firm of articles/services that are like or
directly competitive with those produced/supplied by the
workers’ firm; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such 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.” For the Department to
issue a secondary worker 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 or service 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.

The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or threat
thereof under section 202(b)(1);
(B) an affirmative determination of market disruption or
threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material injury or
threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of
the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President by the
International Trade Commission under section 202(f)(1) with
respect to the affirmative determination described in
paragraph (1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal Register; and

(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

During the statutory reconsideration investigation, the
Department confirmed previously-submitted information and received
new and/or additional information from Plaintiff’s counsel, the
subject firm, the U.S. Geological Service (USGS), and public
sources. The Department made further inquiries of the subject
firm, obtained new and additional information, including an
updated Business Data Request form, and obtained copies of the
Minerals Surveys submitted by the subject firm to USGS in the
years 2010, 2011, 2012, 2013 and 2014. The Department also
consulted the USGS on the content of the Minerals Surveys and
addressed perceived discrepancies in the dates of production at
the subject firm.
Information obtained by the Department during the statutory
reconsideration confirms that there was no production of molybdenum
at Chevron-Questa since July 2012; that, during the relevant time
period, the subject firm supplied reclamation and development
services; that these services ceased in June 2014; that Chevron-
Questa’s activities are not production but a service; that Chevron-
Questa is a Super Fund Site designated by the U.S. Environmental
Protection Agency (EPA); and that the Questa mine has permanently
ceased all but EPA-mandated operations.
Based on information reviewed during the statutory
reconsideration investigation, the Department determines that the
worker group eligibility criteria have not been met.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that Section 222(a)(2)(A)(ii) has not been
met. The subject firm is precluded by the EPA from importing the
supply of mine development and reclamation services, or like or
directly competitive services.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the supply
of mine development and reclamation services, or a like or directly
competitive service, to a foreign country or acquire the supply of
mine development and reclamation services, or like or directly
competitive services, from a foreign country. The mine development
and reclamation services must be provided on-site at the Questa mine
and are pursuant to EPA-mandated operations.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers’ firm is not a Supplier or
Downstream Producer to a firm (or subdivision, whichever is
applicable) 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).
The group eligibility requirements under Section 222(e) of the
Act, have not been satisfied because Criterion (1) has not been met
since the workers’ firm has not been publicly identified by name by
the ITC as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of all workers of
Chevron Mining, Inc., a subsidiary of Chevron Corporation,
including on-site leased workers from Stu Blattner, Inc. (SBI),
Questa, New Mexico, who were engaged in employment related to the
supply of mine development and reclamation services, to apply for
adjustment assistance, in accordance with Section 223 of the Act, 19
U.S.C. § 2273.

Signed in Washington, D.C. this 6th day of September, 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-85,355

CHEVRON MINING, INC.
A SUBSIDIARY OF CHEVRON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM STU BLATTNER, INC. (SBI)
QUESTA, NEW MEXICO

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated August 11, 2014, the State of New
Mexico requested administrative reconsideration of the
Department of Labor's negative determination regarding
eligibility to apply for worker adjustment assistance,
applicable to workers and former workers of Chevron Mining,
Inc., Questa, New Mexico (Questa Mine). The determination was
issued on July 30, 2014. The Department’s Notice of
determination was published in the Federal Register on August
18, 2014 (79 FR 48775).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative determination of the Trade Adjustment
Assistance (TAA) petition filed on behalf of workers at Questa
Mine was based on the findings that the subject firm does not
produce an article within the meaning of Section 222(a) or
Section 222(b) of the Trade Act of 1974, as amended (the Act).
During the investigation, the Department obtained
information that Questa Mine no longer produced molybdenum
disulfide and that the workers at Questa Mine were engaged in
employment related to the supply of mine development services
(such as block caving) and administrative services.
The request for reconsideration states that Chevron Mining,
Inc. had been exploring for new mining veins but decided not to
reenter the molybdenum market due to the impact of the global
market, which resulted in worker separations at Questa Mine.
The request cites TAA certifications TA-W-40,739 and TA-W-35,278
as examples of foreign trade impact on Questa Mine, and asserts
that foreign trade continues to affect workers at Questa Mine.
The request also asserts that workers at Questa Mine are
eligible to apply for TAA as secondarily-affected workers, under
Section 222(b), 19 U.S.C. § 2272(b) or Section 222(c), 19 U.S.C.
§ 2272(c) of the Act.
During the investigation, the Department received
information that revealed that while Questa Mine did produce
molybdenum disulfide prior to June 2013, Chevron Mining, Inc.
did not reenter the molybdenum market and, consequently, there
was no production during the relevant period.
In Former Employees of Mortgage Guaranty Insurance
Corporation (MGIC) v. United States Secretary of Labor (Court
No. 07-00182), the Department stated the policy requiring that
the firm employing the subject workers produce an article
domestically; that workers providing services incidental to the
provision of a services are not engaged in the production of an
article for the purposes of the Act; and that the services
provided by a workers’ firm would not be considered articles,
whether tangible or intangible.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
Based on these findings, the Department determines that 29 CFR
90.18(c) has not been met.

Conclusion
After careful review of the application and investigative
findings, I conclude that there has been no error or
misinterpretation of the law or of the facts which would justify
reconsideration of the Department of Labor's prior decision.
Accordingly, the application is denied.

Signed in Washington, D.C., this 4th day of September, 2014

/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-85,355

CHEVRON MINING, INC.
A SUBSIDIARY OF CHEVRON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
STU BLATTNER, INC. (SBI)
QUESTA, NEW MEXICO

Negative Determination 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 secondary worker
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 June 4, 2014 by a state workforce office on behalf of
workers of Chevron Mining, Inc., Questa, New Mexico. The workers
are engaged in activities related to the development of the
mine, block caving and other related tasks, as well as
administrative support (e.g., Human Resources, Finance, etc.).
The worker group includes on-site leased workers from Stu
Blattner, Inc. (SBI).
The petitioner alleged that the mine could not compete or
make a profit due to low foreign prices. Furthermore, the
petitioner alleged that the lower operational mining costs in
foreign countries caused the subject firm to become non-
competitive. During the course of the investigation,
information was collected from the workers' firm and the
petitioner.
The investigation revealed that Chevron Mining, Inc.,
Questa, New Mexico does not produce an article within the
meaning of Section 222(a) or Section 222(b) of the Act. In order
to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group
seeking certification must work for a "firm" or appropriate
subdivision that produces an article. The definition of a firm
includes an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in
bankruptcy, and receiver under decree of any court.
During the investigation, the Department of Labor confirmed
that the workers' firm did not produce an article; rather, the
workers supplied services related to the development of the
mine, block caving and other related tasks, as well as
administrative support (e.g., Human Resources, Finance, etc.).
Although the firm produced from the Questa, New Mexico mine
before 2012, the investigation confirmed that no Molybdenum
Disulfide was produced in 2012, 2013 or 2014. The last year of
any production of Molybdenum Disulfide was 2011, before the
relevant period of the investigation.
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 (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 Chevron Mining,
Inc., including on-site leased workers from Stu Blattner, Inc.
(SBI), Questa, New Mexico engaged in activities related to the
development of the mine, block caving and other related tasks,
as well as administrative support 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 30th day of July 2014.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance