Petitioner Type: Company
Impact Date: 08/06/2001
Filed Date: 07/30/2001
Most Recent Update: 12/05/2001
Determination Date: 12/05/2001
Expiration Date: 01/14/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,703
ECHO BAY MINERALS CO.
BATTLE MOUNTAIN, NEVDADA
Notice of Revised Determination
on Reopening
On December 14, 2001, the Department on it's own motion reopened the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on December 5, 2001, based on the finding that imports of gold dore` did not contribute importantly to worker separations at the subject plant. The denial notice was published in the Federal Register on December 26, 2001 (66 FR 66428).
The company supplied additional information to help clarify the products produced at the subject site. The company provided data showing that the dominant product produced at the subject site was silver. The silver production accounted for over half of the subject plant's revenues during the relevant period.
An examination of aggregate U.S. imports of silver revealed that silver imports increased significantly during the relevant period. The U.S. import to U.S. shipment ratio for silver was greater than 100 percent during the relevant period.
The workers at Echo Bay Minerals Co., Battle Mountain, Nevada were under an existing trade adjustment assistance certification (TA-W-36,557) through August 5, 2001.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Echo Bay Minerals Co., Battle Mountain, Nevada, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Echo Bay Minerals Co., Battle Mountain, Nevada who became totally or partially separated from employment on or after August 6, 2001 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 14th day of January 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,703
ECHO BAY MINERALS CO.
BATTLE MOUNTAIN, NEVADA
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 July 30, 2001, in response to a petition filed on behalf of workers at Echo Bay Minerals Co., Battle Mountain, Nevada. The workers produced gold doré.
The investigation revealed that criterion (3) has not been met.
The subject firm did not import gold doré.
Aggregate United States imports of gold doré decreased from 21,900 kilograms during the period January through July 2000 to 12,000 kilograms during the comparable period of this year, a decrease of 46 percent.
Conclusion
After careful review, I determine that all workers of Echo Bay Minerals Co., Battle Mountain, Nevada, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of December 2001.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,703
ECHO BAY MINERALS CO.
BATTLE MOUNTAIN, NEVDADA
Notice of Revised Determination
on Reopening
On December 14, 2001, the Department on it's own motion reopened the Department=s Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.
The initial investigation resulted in a negative determination issued on December 5, 2001, based on the finding that imports of gold dore` did not contribute importantly to worker separations at the subject plant. The denial notice was published in the Federal Register on December 26, 2001 (66 FR 66428).
The company supplied additional information to help clarify the products produced at the subject site. The company provided data showing that the dominant product produced at the subject site was silver. The silver production accounted for over half of the subject plant's revenues during the relevant period.
An examination of aggregate U.S. imports of silver revealed that silver imports increased significantly during the relevant period. The U.S. import to U.S. shipment ratio for silver was greater than 100 percent during the relevant period.
The workers at Echo Bay Minerals Co., Battle Mountain, Nevada were under an existing trade adjustment assistance certification (TA-W-36,557) through August 5, 2001.
Conclusion
After careful review of the additional facts obtained on reconsideration, I conclude that increased imports of articles like or directly competitive with those produced at Echo Bay Minerals Co., Battle Mountain, Nevada, contributed importantly to the declines in sales or production and to the total or partial separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification:
"All workers of Echo Bay Minerals Co., Battle Mountain, Nevada who became totally or partially separated from employment on or after August 6, 2001 through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 14th day of January 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,703
ECHO BAY MINERALS CO.
BATTLE MOUNTAIN, NEVADA
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 July 30, 2001, in response to a petition filed on behalf of workers at Echo Bay Minerals Co., Battle Mountain, Nevada. The workers produced gold doré.
The investigation revealed that criterion (3) has not been met.
The subject firm did not import gold doré.
Aggregate United States imports of gold doré decreased from 21,900 kilograms during the period January through July 2000 to 12,000 kilograms during the comparable period of this year, a decrease of 46 percent.
Conclusion
After careful review, I determine that all workers of Echo Bay Minerals Co., Battle Mountain, Nevada, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of December 2001.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance