DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,810

DELTECH POLYMERS CORPORATION
TROY, OHIO

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on February 6, 2003 in
response to a petition filed by a company official on behalf of
workers of Deltech Polymers Corporation, Troy, Ohio. The workers
produce polystyrene plastics and polystyrene copolymers.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The investigation revealed that the subject company did not
shift production of polystyrene plastics or polystyrene
copolymers abroad, nor did it increase import purchases of these
products during the relevant periods.
The Department of Labor conducted a survey of the subject
company's major customers regarding purchases of polystyrene
plastics and polystyrene copolymers during the time periods 2001
and 2002. The survey revealed no increased customer imports
during the periods of decline at the subject company.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case. The customer cited by
the petitioners is not currently under certification for Trade
Adjustment Assistance.
Conclusion
After careful review, I determine that all workers of Deltech
Polymers Corporation, Troy, Ohio are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, as amended.
Signed in Washington, D. C. this 27th day of March 2003.

/s/ Richard Church

_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance