DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,797

LEHIGH COAL AND NAVIGATION COMPANY
TAMAQUA, PENNSYLVANIA


Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or sub-
division have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on March 12, 2001, in response
to a petition filed by United Mine Workers of America, Locals 1571
and 4004, on behalf of workers at Lehigh Coal and Navigation
Company, Tamaqua, Pennsylvania. The workers produced anthracite
coal, coke, silt, and refuse used in steel mills, electric power
plants, etc.
The investigation revealed that criterion (3) has not been
met.
The subject firm is not importing anthracite coal, coke, silt,
and refuse used in steel mills, electric power plants, etc.
The subject firm's most important declining customer was
itself a foreign firm, which precludes imports as a factor in the
loss of its patronage by the subject firm.
Conclusion
After careful review, I determine that all workers of Lehigh
Coal and Navigation Company, Tamaqua, Pennsylvania, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D. C. this 3rd day of May 2001.


/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance