DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,790

CORSA COAL CORPORATION
FORMERLY KNOWN AS PBS COALS, INC. /ROX COAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM WEYANT TRUCKING, LLC
FRIEDENS, 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 January 27, 2015,
resulted in a negative determination, issued on April 20, 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 Corsa Coal Corporation, formerly known as PBS
Coals, Inc. /Rox Coal, Inc., including on-site leased workers
from Weyant Trucking, LLC, Friedens, Pennsylvania. The workers’
firm is engaged in activities related to the production of
metallurgical coal.
The subject firm was previously certified eligible to apply
for Trade Adjustment Assistance (TAA) under TA-W-81,859
(certification expired on October 16, 2014).
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 metallurgical coal produced by Corsa Coal
Corporation, formerly known as PBS Coals, Inc./Rox Coal, Inc.,
Friedens, 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 metallurgical coal or a like or directly competitive article
to a foreign country or acquire metallurgical 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 Corsa Coal Corporation, formerly
known as PBS Coals, Inc./Rox Coal, Inc., Friedens, Pennsylvania,
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 Corsa Coal Corporation, formerly
known as PBS Coals, Inc. /Rox Coal, Inc., Friedens, Pennsylvania,
does not act as a 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).
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 Corsa Coal
Corporation, formerly known as PBS Coals, Inc./Rox Coal, Inc.,
including on-site leased workers from Weyant Trucking, LLC ,
Friedens, Pennsylvania, who were engaged in employment related to
the production of metallurgical 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-85,790

CORSA COAL CORPORATION
FORMERLY KNOWN AS PBS COALS, INC./ROX COAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM WEYANT TRUCKING, LLC
FRIEDENS, 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 January 27, 2015 on behalf of workers of Corsa Coal
Corporation, formerly known as PBS Coals, Inc./Rox Coal, Inc.,
Friedens, Pennsylvania. The workers' firm is engaged in
activities related to the production of metallurgical coal. The
worker group includes on-site leased workers from Weyant
Trucking, LLC.
The petitioners alleged that worker separations were the
result of several factors, including: a significant drop in
the demand for coal, weakened Australian and Canadian
currencies against the U.S. Dollar favoring foreign-produced
coal, weak coal imports from China, the loss of domestic and
foreign contracts and an international market which has been
flooded with coal supply.
During the course of the investigation, information was
collected from the workers' firm and the firm's greatest
declining domestic customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with metallurgical coal have not
increased from 2013 to 2014. The U.S. Department of Labor
surveyed the subject firm's greatest declining domestic
customers regarding their purchases of articles like or
directly competitive with metallurgical coal in 2013 and 2014.
The survey did not reveal increased customer imports of
metallurgical 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 metallurgical coal or like or directly competitive
articles to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Corsa Coal Corporation 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 Corsa Coal
Corporation, formerly known as PBS Coals, Inc./Rox Coal, Inc.,
including on-site leased workers from Weyant Trucking, LLC,
Friedens, Pennsylvania engaged in activities related to the
production of metallurgical coal 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 20th day of April, 2015.

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