DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,425

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 Termination of Investigation
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 July 16, 2014, resulted
in a negative determination, issued on September 12, 2014. The
determination was applicable to workers and former 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
(Intrepid Potash). The workers of Intrepid Potash are 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 on whose behalf the petition was filed is
covered under an existing certification (TA-W-85,022) which expires
on 3/22/2018. Consequently, the investigation has been terminated.
Signed in Washington, D.C., this 23rd day of March, 2016

/s/ Jessica R. Webster
____________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance







DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,425

INTREPID POTASH INC.
A SUBSIDARY 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

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 July 16, 2014 by a State Workforce Agency on behalf of
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, Carlsbad, New Mexico (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 "It was reported on 1/2014 that
Intrepid Potash was laying off 7% of their 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 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 (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 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, 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 12th day of September, 2014


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