Denied
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TAW-85661C  /  AMFIRE Mining Company, LLC (Frenchville, PA)

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,661

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

TA-W-85,661A

MAXXIM SHARED SERVICES, LLC
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
LATROBE, PENNSYLVANIA

TA-W-85,661B

AMFIRE MINING COMPANY, LLC
CLYMER PREP PLANT
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
CLYMER, PENNSYLVANIA

TA-W-85,661C

AMFIRE MINING COMPANY, LLC
CLEARFIELD CO. STRIPS MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
FRENCHVILLE, PENNSYLVANIA

TA-W-85,661D

AMFIRE MINING COMPANY, LLC
SOMERSET CO. SURFACE MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
ROCKWOOD, PENNSYLVANIA


TA-W-85,661E

AMFIRE MINING COMPANY, LLC
INDIANA COUNTY MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INDIANA, PENNSYLVANIA

TA-W-85,661F

AMFIRE MINING COMPANY, LLC
HAMILTON SHOP
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
HAMILTON, PENNSYLVANIA

TA-W-85,661G

AMFIRE MINING COMPANY, LLC
CAMBRIA PITT 001 MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
MINERAL POINT, PENNSYLVANIA

TA-W-85,661H

AMFIRE MINING COMPANY, LLC
NOLO MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
PENN RUN, PENNSYLVANIA

TA-W-85,661I

AMFIRE MINING COMPANY, LLC
ONDO EXTENSION MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
INDIANA, PENNSYLVANIA





TA-W-85,661J

AMFIRE MINING COMPANY, LLC
GILHOUSER RUN MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
HOMER CITY, PENNSYLVANIA

TA-W-85,661K

AMFIRE MINING COMPANY, LLC
MADISON MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
MINERAL POINT, PENNSYLVANIA

TA-W-85,661L

AMFIRE MINING COMPANY, LLC
CENTRE COUNTY STRIPS
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
PHILIPSBURG, PENNSYLVANIA

TA-W-85,661M

AMFIRE MINING COMPANY, LLC
CLEARFIELD TIPPLE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
CLEARFIELD, PENNSYLVANIA

TA-W-85,661N

AMFIRE MINING COMPANY, LLC
BARRETT MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
HOMER CITY, 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 November 20, 2014,
resulted in a negative determination, issued on January 9, 2015,
that was based on worker separations where there were no increase
in imports, nor a shift in production to a foreign country and no
secondary impact. The determination was applicable to workers and
former workers of AMFIRE Mining Company, LLC, a wholly-owned,
indirect subsidiary of Alpha Natural Resources, Inc., including
on-site leased workers from David Stanley Consultants, LLC and
Spherion, Portage Plant, Portage, Pennsylvania (TA-W-85,661),
Maxxim Shared Services, LLC, a wholly-owned, indirect subsidiary
of Alpha Natural Resources, Inc., Latrobe, Pennsylvania (TA-W-
85,661A), AMFIRE Mining Company, LLC, Clymer Prep Plant, a
wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., including on-site leased workers from David Stanley
Consultants, LLC and Spherion, Clymer, Pennsylvania (TA-W-
85,661B), AMFIRE Mining Company, LLC, Clearfield Co. Strips Mine,
a wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., Frenchville, Pennsylvania (TA-W-85,661C), AMFIRE Mining
Company, LLC, Somerset Co. Surface Mine, a wholly-owned, indirect
subsidiary of Alpha Natural Resources, Inc., Rockwood,
Pennsylvania (TA-W-85,661D), AMFIRE Mining Company, LLC, Indiana
County Mine, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., Indiana, Pennsylvania (TA-W-85,661E), AMFIRE
Mining Company, LLC, Hamilton Shop, a wholly-owned, indirect
subsidiary of Alpha Natural Resources, Inc., Hamilton,
Pennsylvania (TA-W-85,661F), AMFIRE Mining Company, LLC, Cambria
Pitt 001 Mine, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., Mineral Point, Pennsylvania (TA-W-
85,661G), AMFIRE Mining Company, LLC, Nolo Mine, a wholly-owned,
indirect subsidiary of Alpha Natural Resources, Inc., including
on-site leased workers from David Stanley Consultants, LLC and
Spherion, Penn Run, Pennsylvania (TA-W-85,661H), AMFIRE Mining
Company, LLC, Ondo Extension Mine, a wholly-owned, indirect
subsidiary of Alpha Natural Resources, Inc., including on-site
leased workers from David Stanley Consultants, LLC and Spherion,
Indiana, Pennsylvania (TA-W-85,661I), AMFIRE Mining Company, LLC,
Gilhouser Run Mine, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., including on-site leased workers from
David Stanley Consultants, LLC and Spherion, Homer City,
Pennsylvania (TA-W-85,661J), AMFIRE Mining Company, LLC, Madison
Mine, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., including on-site leased workers from David
Stanley Consultants, LLC and Spherion, Mineral Point,
Pennsylvania (TA-W-85,661K), AMFIRE Mining Company, LLC, Centre
County Strips, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., Philipsburg, Pennsylvania (TA-W-
85,661L), AMFIRE Mining Company, LLC, Clearfield Tipple, a
wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., Clearfield, Pennsylvania (TA-W-85,661M) and AMFIRE Mining
Company, LLC, Barrett Mine, a wholly-owned, indirect subsidiary
of Alpha Natural Resources, Inc., including on-site leased
workers from David Stanley Consultants, LLC and Spherion, Homer
City, Pennsylvania (TA-W-85,661N). The workers’ firm is engaged in
activities related to the production of coal. Workers at Maxxim
Shared Services, LLC, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., Latrobe, Pennsylvania (TA-W-85,661A)
supply administrative support services, such as accounting and
engineering, for AMFIRE Mining Company, 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 and
Maxxim Shared Services, LLC, a wholly-owned, indirect subsidiary
of Alpha Natural Resources, Inc., at the fifteen Pennsylvania
locations identified above, have not increased. The workers’ firm
nor the workers’ firm major declining customer have not increased
imports of coal or like or directly competitive articles during the
period of January through September 2014 over the corresponding
period in 2013. No imports were reported.
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 and Maxxim
Shared Services, LLC, a wholly-owned, indirect subsidiary of
Alpha Natural Resources, Inc. is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that AMFIRE Mining Company, LLC and Maxxim
Shared Services, LLC, a wholly-owned, indirect subsidiary of
Alpha Natural Resources, Inc. does not act as a 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, , Portage Plant, a wholly-owned, indirect
subsidiary of Alpha Natural Resources, Inc., including on-site
leased workers from David Stanley Consultants, LLC and Spherion,
Portage, Pennsylvania (TA-W-85,661), Maxxim Shared Services, LLC,
a wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., Latrobe, Pennsylvania (TA-W-85,661A), AMFIRE Mining
Company, LLC, Clymer Prep Plant, a wholly-owned, indirect
subsidiary of Alpha Natural Resources, Inc., including on-site
leased workers from David Stanley Consultants, LLC and Spherion,
Clymer, Pennsylvania (TA-W-85,661B), AMFIRE Mining Company, LLC,
Clearfield Co. Strips Mine, a wholly-owned, indirect subsidiary
of Alpha Natural Resources, Inc., Frenchville, Pennsylvania (TA-
W-85,661C), AMFIRE Mining Company, LLC, Somerset Co. Surface
Mine, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., Rockwood, Pennsylvania (TA-W-85,661D), AMFIRE
Mining Company, LLC, Indiana County Mine, a wholly-owned,
indirect subsidiary of Alpha Natural Resources, Inc., Indiana,
Pennsylvania (TA-W-85,661E), AMFIRE Mining Company, LLC, Hamilton
Shop, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., Hamilton, Pennsylvania (TA-W-85,661F), AMFIRE
Mining Company, LLC, Cambria Pitt 001 Mine, a wholly-owned,
indirect subsidiary of Alpha Natural Resources, Inc., Mineral
Point, Pennsylvania (TA-W-85,661G), AMFIRE Mining Company, LLC,
Nolo Mine, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., including on-site leased workers from David
Stanley Consultants, LLC and Spherion, Penn Run, Pennsylvania
(TA-W-85,661H), AMFIRE Mining Company, LLC, Ondo Extension Mine,
a wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., including on-site leased workers from David Stanley
Consultants, LLC and Spherion, Indiana, Pennsylvania (TA-W-
85,661I), AMFIRE Mining Company, LLC, Gilhouser Run Mine, a
wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., including on-site leased workers from David Stanley
Consultants, LLC and Spherion, Homer City, Pennsylvania (TA-W-
85,661J), AMFIRE Mining Company, LLC, Madison Mine, a wholly-
owned, indirect subsidiary of Alpha Natural Resources, Inc.,
including on-site leased workers from David Stanley Consultants,
LLC and Spherion, Mineral Point, Pennsylvania (TA-W-85,661K),
AMFIRE Mining Company, LLC, Centre County Strips, a wholly-owned,
indirect subsidiary of Alpha Natural Resources, Inc.,
Philipsburg, Pennsylvania (TA-W-85,661L), AMFIRE Mining Company,
LLC, Clearfield Tipple, a wholly-owned, indirect subsidiary of
Alpha Natural Resources, Inc., Clearfield, Pennsylvania (TA-W-
85,661M) and AMFIRE Mining Company, LLC, Barrett Mine, a wholly-
owned, indirect subsidiary of Alpha Natural Resources, Inc.,
including on-site leased workers from David Stanley Consultants,
LLC and Spherion, Homer City, Pennsylvania (TA-W-85,661N), who
were engaged in employment 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 28th day of March, 2016


/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,661

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

TA-W-85,661A

MAXXIM SHARED SERVICES, LLC
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
LATROBE, PENNSYLVANIA

TA-W-85,661B

AMFIRE MINING COMPANY, LLC
CLYMER PREP PLANT
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
CLYMER, PENNSYLVANIA

TA-W-85,661C

AMFIRE MINING COMPANY, LLC
CLEARFIELD CO STRIPS MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
FRENCHVILLE, PENNSYLVANIA

TA-W-85,661D

AMFIRE MINING COMPANY, LLC
SOMERSET CO SURFACE MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
ROCKWOOD, PENNSYLVANIA

TA-W-85,661E

AMFIRE MINING COMPANY, LLC
INDIANA COUNTY MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INDIANA, PENNSYLVANIA

TA-W-85,661F

AMFIRE MINING COMPANY, LLC
HAMILTON SHOP
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
HAMILTON, PENNSYLVANIA

TA-W-85,661G

AMFIRE MINING COMPANY, LLC
CAMBRIA PITT 001 MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
MINERAL POINT, PENNSLVANIA

TA-W-85,661H

AMFIRE MINING COMPANY, LLC
NOLO MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
PENN RUN, PENNSYLVANIA

TA-W-85,661I

AMFIRE MINING COMPANY, LLC
ONDO EXTENSION MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
INDIANA, PENNSYLVANIA




TA-W-85,661J

AMFIRE MINING COMPANY, LLC
GILHOUSER RUN MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
HOMER CITY, PENNSYLVANIA

TA-W-85,661K

AMFIRE MINING COMPANY, LLC
MADISON MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
MINERAL POINT, PENNSYLVANIA

TA-W-85,661L

AMFIRE MINING COMPANY, LLC
CENTRE COUNTY STRIPS
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
PHILIPSBURG, PENNSYLVANIA

TA-W-85,661M

AMFIRE MINING COMPANY, LLC
CLEARFIELD TIPPLE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
CLEARFIELD, PENNSYLVANIA

TA-W-85,661N

AMFIRE MINING COMPANY, LLC
BARRETT MINE
A WHOLLY-OWNED, INDIRECT SUBSIDIARY OF
ALPHA NATURAL RESOURCES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS, LLC AND SPHERION
HOMER CITY, 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 November 20, 2014 by a State Workforce Office on
behalf of the workers of AMFIRE Mining Company, LLC and Maxxim
Shared Services, LLC, a wholly-owned, indirect subsidiary of
Alpha Natural Resources, Inc., at the fourteen Pennsylvania
locations identified above.
The worker's firm is engaged in activities related to the
production of coal. Workers at Maxxim Shared Services, LLC, a
wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., Latrobe, Pennsylvania (TA-W-85,661A) supply administrative
support services, such as accounting and engineering, for AMFIRE
Mining Company, LLC. The worker group includes on-site leased
workers from David Stanley Consultants, LLC and Spherion at
several locations identified above.
The petitioner alleged that the workers were separated
because of poor overseas market demand for coal and a shift in
production of coal which reduced production and jobs.
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) of the Act, the
investigation revealed that imports of coal have not increased
from 2012 to 2013 or from January through November 2013 to the
same period in 2014. The U.S. Department of Labor surveyed the
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 confirmed that the
worker separations are attributable to the divestiture of AMFIRE
Mining Company, LLC's assets to another domestic company.
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 wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., including on-site leased workers from
David Stanley Consultants, LLC and Spherion, Portage Plant,
Portage, Pennsylvania (TA-W-85,661), Maxxim Shared Services,
LLC, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., Latrobe, Pennsylvania (TA-W-85,661A), AMFIRE
Mining Company, LLC, Clymer Prep Plant, a wholly-owned, indirect
subsidiary of Alpha Natural Resources, Inc., including on-site
leased workers from David Stanley Consultants, LLC and Spherion,
Clymer, Pennsylvania (TA-W-85,661B), AMFIRE Mining Company, LLC,
Clearfield Co. Strips Mine, a wholly-owned, indirect subsidiary
of Alpha Natural Resources, Inc., Frenchville, Pennsylvania (TA-
W-85,661C), AMFIRE Mining Company, LLC, Somerset Co. Surface
Mine, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., Rockwood, Pennsylvania (TA-W-85,661D), AMFIRE
Mining Company, LLC, Indiana County Mine, a wholly-owned,
indirect subsidiary of Alpha Natural Resources, Inc., Indiana,
Pennsylvania (TA-W-85,661E), AMFIRE Mining Company, LLC,
Hamilton Shop, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., Hamilton, Pennsylvania (TA-W-85,661F),
AMFIRE Mining Company, LLC, Cambria Pitt 001 Mine, a wholly-
owned, indirect subsidiary of Alpha Natural Resources, Inc.,
Mineral Point, Pennsylvania (TA-W-85,661G), AMFIRE Mining
Company, LLC, Nolo Mine, a wholly-owned, indirect subsidiary of
Alpha Natural Resources, Inc., including on-site leased workers
from David Stanley Consultants, LLC and Spherion, Penn Run,
Pennsylvania (TA-W-85,661H), AMFIRE Mining Company, LLC, Ondo
Extension Mine, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., including on-site leased workers from
David Stanley Consultants, LLC and Spherion, Indiana,
Pennsylvania (TA-W-85,661I), AMFIRE Mining Company, LLC,
Gilhouser Run Mine, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., including on-site leased workers from
David Stanley Consultants, LLC and Spherion, Homer City,
Pennsylvania (TA-W-85,661J), AMFIRE Mining Company, LLC, Madison
Mine, a wholly-owned, indirect subsidiary of Alpha Natural
Resources, Inc., including on-site leased workers from David
Stanley Consultants, LLC and Spherion, Mineral Point,
Pennsylvania (TA-W-85,661K), AMFIRE Mining Company, LLC, Centre
County Strips, a wholly-owned, indirect subsidiary of Alpha
Natural Resources, Inc., Philipsburg, Pennsylvania (TA-W-
85,661L), AMFIRE Mining Company, LLC, Clearfield Tipple, a
wholly-owned, indirect subsidiary of Alpha Natural Resources,
Inc., Clearfield, Pennsylvania (TA-W-85,661M) and AMFIRE Mining
Company, LLC, Barrett Mine, a wholly-owned, indirect subsidiary
of Alpha Natural Resources, Inc., including on-site leased
workers from David Stanley Consultants, LLC and Spherion, Homer
City, Pennsylvania (TA-W-85,661N) engaged in activities related
to the production of coal or the supply of administrative
services 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 9th day of January, 2015.

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