DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,261

CCU COAL AND CONSTRUCTION, LLC
CORPORATE OFFICE
COSHOCTON, OHIO

TA-W-95,261A

CCU COAL AND CONSTRUCTION, LLC
BUCKINGHAM MINE AND WASH PLANT
GLOUSTER, OHIO

TA-W-95,261B

CCU COAL AND CONSTRUCTION, LLC
BELLAIRE DOCK
BELLAIRE, OHIO

TA-W-95,261C

CCU COAL AND CONSTRUCTION, LLC
SHUGERT NORTH MINE
BETHESDA, OHIO

TA-W-95,261D

CCU COAL AND CONSTRUCTION, LLC
BUTTERMILK
FLUSHING, OHIO

TA-W-95,261E

CCU COAL AND CONSTRUCTION, LLC
EGYPT VALLEY WILDLIFE MINE
FLUSHING, OHIO

TA-W-95,261F

CCU COAL AND CONSTRUCTION, LLC
BARB TIPPLE
CONESVILLE, OHIO

TA-W-95,261G

CCU COAL AND CONSTRUCTION, LLC
CADIZ OFFICE
CADIZ, OHIO

TA-W-95,261H

CCU COAL AND CONSTRUCTION, LLC
SANDY RIDGE MINE
CADIZ, OHIO

TA-W-95,261I

CCU COAL AND CONSTRUCTION, LLC
HARRISON MINE
CADIZ, OHIO

TA-W-95,261J

CCU COAL AND CONSTRUCTION, LLC
ELLIS
RAYLAND, OHIO

TA-W-95,261K

CCU COAL AND CONSTRUCTION, LLC
ZANESVILLE WAREHOUSE
ZANESVILLE, OHIO

TA-W-95,261L

CCU COAL AND CONSTRUCTION, LLC
CANNON
CROOKSVILLE, OHIO

TA-W-95,261M

CCU COAL AND CONSTRUCTION, LLC
NEW LEXINGTON
NEW LEXINGTON, OHIO

TA-W-95,261N

CCU COAL AND CONSTRUCTION, LLC
AVONDALE
ROSEVILLE, OHIO

TA-W-95,261O

CCU COAL AND CONSTRUCTION, LLC
PERO
EAST CANTON, OHIO

TA-W-95,261P

CCU COAL AND CONSTRUCTION, LLC
GARRETT
GNADENHUTTEN, OHIO

TA-W-95,261Q

CCU COAL AND CONSTRUCTION, LLC
MIDVALE MINE
NEW PHILADELPHIA, OHIO

TA-W-95,261R

CCU COAL AND CONSTRUCTION, LLC
STRASBURG WASH PLANT, SHOP, AND SLURRY PIT
STRASBURG, OHIO

TA-W-95,261S

CCU COAL AND CONSTRUCTION, LLC
MUSKIE TRAIN
CONESVILLE, OHIO

TA-W-95,261T

CCU COAL AND CONSTRUCTION, LLC
CONESVILLE WASH PLANT
CONESVILLE, OHIO

TA-W-95,261U

CCU COAL AND CONSTRUCTION, LLC
HUNT
NEWCOMERSTOWN, OHIO

TA-W-95,261V

CCU COAL AND CONSTRUCTION, LLC
HARRAH
CADIZ, OHIO

Negative Determination Regarding Eligibility
To Apply for Worker 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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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.

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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
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).

The investigation was initiated in response to a petition
filed on October 9, 2019, by a state workforce office on behalf
of workers of CCU Coal and Construction, LLC, Corporate Office,
Coshocton, Ohio (TA-W-95,261); CCU Coal and Construction, LLC,
Buckingham Mine and Wash Plant, Glouster, Ohio (TA-W-95,261A);
CCU Coal and Construction, LLC, Bellaire Dock, Bellaire, Ohio
(TA-W-95,261B); CCU Coal and Construction, LLC, Shugert North
Mine, Bethesda, Ohio (TA-W-95,261C); CCU Coal and
Construction, LLC, Buttermilk, Flushing, Ohio (TA-W-95,261D);
CCU Coal and Construction, LLC, Egypt Valley Wildlife Mine,
Flushing, Ohio (TA-W-95,261E); CCU Coal and Construction, LLC,
Barb Tipple, Conesville, Ohio (TA-W-95,261F); CCU Coal and
Construction, LLC, Cadiz Office, Cadiz, Ohio (TA-W-95,261G);
CCU Coal and Construction, LLC, Sandy Ridge Mine, Cadiz, Ohio
(TA-W-95,261H); CCU Coal and Construction, LLC, Harrison Mine,
Cadiz, Ohio (TA-W-95,261I); CCU Coal and Construction, LLC,
Ellis, Rayland, Ohio (TA-W-95,261J); CCU Coal and
Construction, LLC, Zanesville Warehouse, Zanesville, Ohio (TA-
W-95,261K); CCU Coal and Construction, LLC, Cannon,
Crooksville, Ohio (TA-W-95,261L); CCU Coal and Construction,
LLC, New Lexington, New Lexington, Ohio (TA-W-95,261M); CCU
Coal and Construction, LLC, Avondale, Roseville, Ohio (TA-W-
95,261N); CCU Coal and Construction, LLC, Pero, East Canton,
Ohio (TA-W-95,261O); CCU Coal and Construction, LLC, Garrett,
Gnadenhutten, Ohio (TA-W-95,261P); CCU Coal and Construction,
LLC, Midvale Mine, New Philadelphia, Ohio (TA-W-95,261Q); CCU
Coal and Construction, LLC, Strasburg Wash Plant, Shop, and
Slurry Pit, Strasburg, Ohio (TA-W-95,261R); CCU Coal and
Construction, LLC, Muskie Train, Conesville, Ohio (TA-W-
95,261S); CCU Coal and Construction, LLC, Conesville Wash
Plant, Conesville, Ohio (TA-W-95,261T); CCU Coal and
Construction, LLC, Hunt, Newcomerstown, Ohio (TA-W-95,261U);
and CCU Coal and Construction, LLC, Harrah, Cadiz, Ohio (TA-W-
95,261V) ("CCU Coal and Construction"). The workers' firm has
used temporary workers from GMS Mine Repair & Maintenance.
The workers' firm is engaged in activities related to the
production of coal. Workers at the various work sites are
engaged in activities such as coal mining, coal processing,
mine site reclamation, and office administrative functions.
The petitioner provided the following allegation: "Lack of
work and loss of coal contracts."
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and the U.S.
Energy Information Administration.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of coal did not increase.
The workers' firm did not report imports of coal or like or
directly competitive articles during the January 2017 to
September 2019 period. Throughout this period, imported coal
comprised approximately 1% of the coal consumed in the U.S.,
an insignificant amount relative to domestic consumption of
U.S.-produced coal. U.S. imports of natural gas, a directly
competitive fuel source, trended down throughout the
aforementioned period.
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 CCU Coal and Construction 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 CCU Coal and Construction 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 of the facts obtained in the
investigation, 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 workers of CCU Coal
and Construction, LLC, Corporate Office, Coshocton, Ohio (TA-
W-95,261); CCU Coal and Construction, LLC, Buckingham Mine and
Wash Plant, Glouster, Ohio (TA-W-95,261A); CCU Coal and
Construction, LLC, Bellaire Dock, Bellaire, Ohio (TA-W-
95,261B); CCU Coal and Construction, LLC, Shugert North Mine,
Bethesda, Ohio (TA-W-95,261C); CCU Coal and Construction, LLC,
Buttermilk, Flushing, Ohio (TA-W-95,261D); CCU Coal and
Construction, LLC, Egypt Valley Wildlife Mine, Flushing, Ohio
(TA-W-95,261E); CCU Coal and Construction, LLC, Barb Tipple,
Conesville, Ohio (TA-W-95,261F); CCU Coal and Construction,
LLC, Cadiz Office, Cadiz, Ohio (TA-W-95,261G); CCU Coal and
Construction, LLC, Sandy Ridge Mine, Cadiz, Ohio (TA-W-
95,261H); CCU Coal and Construction, LLC, Harrison Mine,
Cadiz, Ohio (TA-W-95,261I); CCU Coal and Construction, LLC,
Ellis, Rayland, Ohio (TA-W-95,261J); CCU Coal and
Construction, LLC, Zanesville Warehouse, Zanesville, Ohio (TA-
W-95,261K); CCU Coal and Construction, LLC, Cannon,
Crooksville, Ohio (TA-W-95,261L); CCU Coal and Construction,
LLC, New Lexington, New Lexington, Ohio (TA-W-95,261M); CCU
Coal and Construction, LLC, Avondale, Roseville, Ohio (TA-W-
95,261N); CCU Coal and Construction, LLC, Pero, East Canton,
Ohio (TA-W-95,261O); CCU Coal and Construction, LLC, Garrett,
Gnadenhutten, Ohio (TA-W-95,261P); CCU Coal and Construction,
LLC, Midvale Mine, New Philadelphia, Ohio (TA-W-95,261Q); CCU
Coal and Construction, LLC, Strasburg Wash Plant, Shop, and
Slurry Pit, Strasburg, Ohio (TA-W-95,261R); CCU Coal and
Construction, LLC, Muskie Train, Conesville, Ohio (TA-W-
95,261S); CCU Coal and Construction, LLC, Conesville Wash
Plant, Conesville, Ohio (TA-W-95,261T); CCU Coal and
Construction, LLC, Hunt, Newcomerstown, Ohio (TA-W-95,261U);
and CCU Coal and Construction, LLC, Harrah, Cadiz, Ohio (TA-W-
95,261V), 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 May 2020.

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