DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,575

AMFIRE MINING COMPANY, LLC
A SUBSIDIARY OF ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC
PORTAGE, PENNSYLVANIA

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 initial investigation, initiated October 3, 2014, resulted
in a negative determination, issued on November 6, 2014. The
determination was applicable to workers and former workers of
AMFIRE Mining Company, LLC, a subsidiary of Alpha Natural
Resources, Inc., Portage, Pennsylvania. The workers’ firm is
engaged in activities related to the production of coal. The worker
group includes on-site leased workers from David Stanley
Consultants, LLC.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or directly
competitive with coal produced by AMFIRE Mining Company, LLC, a
subsidiary of Alpha Natural Resources, Inc., Portage, Pennsylvania,
have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of coal or a like or directly competitive article to a foreign
country or acquire coal or a like or directly competitive article
from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that AMFIRE Mining Company, LLC, a
subsidiary of Alpha Natural Resources, Inc., Portage, Pennsylvania
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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been publicly
identified by name by the International Trade Commission 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 AMFIRE Mining
Company, LLC, a subsidiary of Alpha Natural Resources, Inc.,
including on-site leased workers from David Stanley Consultants,
LLC, Portage, Pennsylvania, who are engaged in activities related
to the production of coal, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 17th 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-85,575

AMFIRE MINING COMPANY, LLC
A SUBSIDIARY OF ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC
PORTAGE, PENNSYLVANIA

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 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 October 3, 2014 on behalf of workers of AMFIRE Mining
Company, LLC, a subsidiary of Alpha Natural Resources, Inc.,
Portage, Pennsylvania. The workers' firm is engaged in
activities related to the production of coal. The worker group
includes on-site leased workers from David Stanley
Consultants, LLC.
The petitioners alleged that worker separations were the
result of a lesser demand from overseas markets for coal and a
shift in production of coal to Austria and Australia. During
the course of the investigation, information was collected
from the workers' firm and the firm's greatest declining
customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of coal have not increased
from 2012 to 2013 or from January through September 2013 to
the same period in 2014. The U.S. Department of Labor surveyed
the subject firm's greatest declining customers regarding
their imports of articles like or directly competitive with
coal during the period under investigation. The survey did not
reveal increased customer imports of coal or like or directly
competitive articles.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of coal or like or directly competitive articles to a
foreign country. Rather, the investigation revealed that the
worker separations are attributable to a decrease in export
sales.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that AMFIRE Mining Company, LLC 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 AMFIRE Mining
Company, LLC, a subsidiary of Alpha Natural Resources, Inc.,
including on-site leased workers from David Stanley Consultants,
LLC, Portage, Pennsylvania engaged in activities related to the
production of coal are denied eligibility to apply for adjust-
ment 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 6th day of November, 2014.

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