UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,248

MOUNTAIN STATE CARBON LLC

FOLLANSBEE, WEST VIRGINIA

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended (the Act), 19 U.S.C. § 2273, the Department of Labor
(Department) herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance (TAA) for workers.

The group eligibility requirements for workers of a firm
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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 (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 (or subdivision) 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 (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

Section 222(c)(4) of the Act, 19 U.S.C. § 2272(c)(4), defines
the term "Supplier" as "a firm that produces and supplies directly
to another firm (or subdivision) component parts for articles that
were the basis for a certification of eligibility under subsection
(a) [of Section 222 of the Act] of a group of workers employed by
such other firm."

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated April 5, 2022 and
filed on April 6, 2022 by the United Steelworkers, District 8, on
behalf of former workers of Mountain State Carbon LLC, Follansbee,
West Virginia (hereafter referred to as the "worker group" or
"Mountain State Carbon-Follansbee"). In accordance with 20 C.F.R.
618.110 a worker group is defined as, ""¦inclusive of teleworkers
and staffed workers." Workers at Mountain State Carbon-Follansbee
are engaged in activities related to the production of
metallurgical grade furnace coke and foundry coke for making steel
(coke), and are not separately identifiable by article produced.
The petition alleges that worker separations, or threats
thereof, at Mountain State Carbon-Follansbee are due to the
closure of the subject facility. The petition includes an
attachment in support of the allegation.

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

Section 222(b)(1) has been met because a significant number
or proportion of the workers in Mountain State Carbon-Follansbee
have become totally or partially separated or are threatened to
become totally or partially separated.

Section 222(b)(2) has been met because Mountain State
Carbon-Follansbee is a Supplier 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), and such supply is related to the
actual finished article that was the basis for such certification.

Section 222(b)(3)(A) has been met because the coke produced
for the afore-referenced firm accounted for at least 20 percent
of Mountain State Carbon-Follansbee sales or production.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended (the Act), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) for older workers.

The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria have been met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that Section 246(a)(3)(A)(ii)
(II) has not been met. The investigation revealed that the workers
in Mountain State Carbon-Follansbee possess skills that are easily
transferable to other jobs within the region.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Mountain State Carbon-
Follansbee, who are engaged in activities related to the
production of coke, meet the worker group certification criteria
under Section 222(b) of the Act, 19 U.S.C. § 2272(b). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:

"All workers of Mountain State Carbon LLC, Follansbee, West
Virginia, who became totally or partially separated from
employment on or after April 5, 2021, 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; and I further determine that
all workers of Mountain State Carbon LLC, Follansbee, West
Virginia are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974, as amended."

Signed in Washington, D. C. this 10th day of June, 2022


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance