Petitioner Type: Workers
Impact Date: 06/04/2000
Filed Date: 06/04/2001
Most Recent Update: 06/29/2001
Determination Date: 06/29/2001
Expiration Date: 06/29/2003
Employment and Training Administration
TA-W-39,402
PHELPS DODGE CORPORATION
CHINO MINES COMPANY
HURLEY, NEW MEXICO
TA-W-39,402A
PHELPS DODGE CORPORATION
CHINO MINES COMPANY
SANTA RITA, NEW MEXICO
Certification 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. It is determined in this case that all of the
requirements have been met.
The investigation was initiated in response to a petition
received on June 4, 2001 and filed on behalf of workers at the
Phelps Dodge Corporation, Chino Mines Company, Hurley, New Mexico
(TA-W-39,402) and Phelps Dodge Corporation, Chino Mines Company,
Santa Rita, New Mexico (TA-W-39,402A). The workers at Phelps
Dodge Corporation, Chino Mines Company, Hurley, New Mexico (TA-W-
39,402) are engaged in the smelting of copper and support
activities (office) and the workers of Phelps Dodge Corporation,
Chino Mines Company, Santa Rita, New Mexico (TA-W-39,402A) are
engaged in the mining and concentrating of copper ore. The
operations are vertically integrated.
The investigation revealed that production and employment
declined during the relevant period.
The company is a major domestic producer of copper in the
United States. Aggregate U.S. imports of refined copper increased
significantly during the year 2000 period, followed by further
increases in early 2001. U.S. production of refined copper
declined during the corresponding period. The U.S. import
penetration ratio of refined copper increased significantly during
the relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with copper produced at the Phelps
Dodge Corporation, Chino Mines Company, Hurley, New Mexico (TA-W-
39,402) and Phelps Dodge Corporation, Chino Mines Company, Santa
Rita, New Mexico (TA-W-39,402A) contributed importantly to the
decline in sales or production and to the total or partial
separation of workers of that firm. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Phelps Dodge Corporation, Chino Mines Company,
Hurley, New Mexico (TA-W-39,402) who became totally or
partially separated from employment on or after June 4, 2000,
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
"All workers of Phelps Dodge Corporation, Chino Mines Company,
Santa Rita, New Mexico (TA-W-39,402A) who became totally or
partially separated from employment on or after May 12, 2001,
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Signed in Washington, D. C. this 29th day of June, 2001.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance