Certified
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TAW-95997  /  Panther Creek Mining, LLC (Dawes, WV)

Petitioner Type: Workers
Impact Date: 06/17/2019
Filed Date: 06/18/2020
Most Recent Update: 02/11/2021
Determination Date: 02/11/2021
Expiration Date: 02/11/2023



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,997

PANTHER CREEK MINING, LLC

A SUBSIDIARY OF BLACKHAWK MINING, LLC

DAWES, WEST VIRGINIA

Certification 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.

The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:

(1) a significant number or proportion of the
workers in such workers' firm have become totally or
partially separated, or are threatened to become
totally or partially separated;

(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on June 18, 2020 by a company official on behalf of
workers of Panther Creek Mining, LLC, a subsidiary of Blackhawk
Mining, LLC, Dawes, West Virginia. The workers' firm is
engaged in activities related to the production of coal mining.

During the course of the investigation, information was
collected from the workers' firm and the petitioners.

Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.

Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country a portion of the
production of articles like or directly competitive with the
articles produced by the workers which contributed importantly
to worker group separations at Panther Creek Mining, LLC, a
subsidiary of Blackhawk Mining, LLC, Dawes, West Virginia.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Panther Creek Mining,
LLC, a subsidiary of Blackhawk Mining, LLC, Dawes, West
Virginia, who are engaged in activities related to the
production of coal mining meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:

"All workers of Panther Creek Mining, LLC, a subsidiary of
Blackhawk Mining, LLC, Dawes, West Virginia, who became
totally or partially separated from employment on or after
June 17, 2019 through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."

Signed in Washington, D.C., this 11th day of February, 2021


/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER

Certifying Officer, Office of

Trade Adjustment Assistance