DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,555

USIBELLI COAL MINE, INC.
HEALY, ALASKA


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 eligibility 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
subdivision have decreased absolutely; and

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

The investigation was initiated on May 20, 2002 in response
to a petition filed by a company official on behalf of workers at
Usibelli Coal Mine, Inc., Healy, Alaska. Workers are engaged in
activity related to the production of low sulfur coal.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject company does not
import low sulfur coal.
The Department of Labor conducted a survey of the subject
company's major customers regarding their purchases of low sulfur
coal.
The survey revealed no increased customer import purchases
of low sulfur coal during the period of sales and production
decline at the subject company.
Conclusion
After careful review, I determine that all workers of
Usibelli Coal Mine, Inc., Healy, Alaska, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.

Signed in Washington, D.C. this 15th day August 2002.

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