Petitioner Type: Union
Impact Date: 01/21/2002
Filed Date: 01/23/2003
Most Recent Update: 04/29/2003
Determination Date: 04/29/2003
Expiration Date: 04/29/2005
Employment and Training Administration
TA-W-50,654
ARIZONA CHEMICAL CO.
SEBACIC DEPARTMENT AND ESTERS DEPARTMENT
DOVER, OHIO
Notice of Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of
1974 (19 USC 2273), as amended, the Department of Labor
herein presents the results of its 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 Trade
Adjustment Assistance, the group eligibility requirements
in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222
of the Trade Act must be met. It is determined in this case
of workers producing sebacic acid that the requirements of
(a)(2)(A) of Section 222 have been met.
The investigation was initiated on January 23, 2003,
in response to a petition filed by International Chemical
Workers Union, Local 200, on behalf of workers of Arizona
Chemical Co., Sebacic Department and Esters Department,
Dover, Ohio. The workers produce specialty chemicals
(sebacic acid and esters). The workers are separately
identifiable sebacic acid and esters.
The investigation revealed that the subject firm
experienced declines in production and employment in 2002
as compared with 2001 for both products.
The Department of Labor conducted a survey of the
subject firm's major declining customers regarding their
purchases of sebacic acid during 2001, 2002, and January
through March 2003 over the corresponding 2002 period. The
survey revealed that major customers increased their
purchases of imported sebacic acid, while decreasing their
purchases from the subject firm during the relevant time
period.
The investigation revealed that workers producing
esters that criteria (a)(2)(A)(1.C) and (a)(2)(B) (II.B)
were not met.
The company did not import esters, nor did they shift
production to a foreign source.
The Department of Labor also conducted a survey of the
subject firm's major declining customers regarding their
purchases esters during 2001, 2002, and January through
March 2003 over the corresponding 2002 period. The survey
revealed that major customers did not increase their
purchases of imported esters, while decreasing their
purchases from the subject firm during the relevant time
period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of
articles like or directly competitive with sebacic acid
produced at Arizona Chemical Co., Sebacic Department,
Dover, Ohio, contributed importantly to the total or
partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Arizona Chemical Co., Sebacic
Department, Dover, Ohio, who became totally or
partially separated from employment on or after
January 21, 2002, through two years from the date of
certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974,
as amended." and
I further determine that all workers of Arizona
Chemical Co., Esters Department, Dover, Ohio, are denied
eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974."
Signed in Washington, D. C. this 29th day of April, 2003.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer,
Division of Trade Adjustment
Assistance