Petitioner Type: State
Impact Date: 04/01/2002
Filed Date: 04/04/2003
Most Recent Update: 04/30/2003
Determination Date: 04/30/2003
Expiration Date: 10/17/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,403
CLARIANT CORPORATION
OAK CREEK, WISCONSIN
Notice of Revised Determination
on Reconsideration
By application of June 12, 2003, a company official
requested administrative reconsideration regarding 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 April 30, 2003, based on the finding that
criterion 3(A) (the workers’ firm is a supplier and the component
parts it supplied for the primary firm accounted for at least 20
percent of the production or sales of the workers’ firm) and
3(B)(a loss of business by the workers’ firm with the primary
firm contributed importantly to the workers’ separation or threat
of separation) have not been met. The denial notice was
published in the Federal Register on May 9, 2003 (68 FR 25060).
Pursuant to the receipt of the request for reconsideration,
which included subject firm customers not provided in the initial
investigation, it has become apparent that Clariant Corporation,
Oak Creek, Wisconsin supplies component parts for leather and a
loss of business with a manufacturers (whose workers were
certified eligible to apply for adjustment assistance)
contributed importantly to the workers separation or threat of
separation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Clariant Corporation,
Oak Creek, Wisconsin qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Clariant Corporation, Oak Creek, Wisconsin,
who became totally or partially separated from employment on
or after April 1, 2002 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 17th day of October 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,403
CLARIANT CORPORATION
OAK CREEK, WISCONSIN
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, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either—
(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.
The investigation was initiated on April 4, 2003 in response
to a petition filed by a state agency on behalf of workers of
Clariant Corporation, Oak Creek, Wisconsin. The workers at the
subject firm produced processed and natural oils, polyurethanes and
lacquers.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to their
firm losing business as a supplier to a primary firm that shifted
production abroad or was affected by increased imports. The
investigation revealed, however, that this was not the case.
The primary firm’s workers are not under an active
certification for eligibility for trade adjustment assistance.
Conclusion
After careful review, I determine that all workers of Clariant
Corporation, Oak Creek, Wisconsin are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 30th day of April 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,403
CLARIANT CORPORATION
OAK CREEK, WISCONSIN
Notice of Revised Determination
on Reconsideration
By application of June 12, 2003, a company official
requested administrative reconsideration regarding 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 April 30, 2003, based on the finding that
criterion 3(A) (the workers’ firm is a supplier and the component
parts it supplied for the primary firm accounted for at least 20
percent of the production or sales of the workers’ firm) and
3(B)(a loss of business by the workers’ firm with the primary
firm contributed importantly to the workers’ separation or threat
of separation) have not been met. The denial notice was
published in the Federal Register on May 9, 2003 (68 FR 25060).
Pursuant to the receipt of the request for reconsideration,
which included subject firm customers not provided in the initial
investigation, it has become apparent that Clariant Corporation,
Oak Creek, Wisconsin supplies component parts for leather and a
loss of business with a manufacturers (whose workers were
certified eligible to apply for adjustment assistance)
contributed importantly to the workers separation or threat of
separation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Clariant Corporation,
Oak Creek, Wisconsin qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Clariant Corporation, Oak Creek, Wisconsin,
who became totally or partially separated from employment on
or after April 1, 2002 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 17th day of October 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,403
CLARIANT CORPORATION
OAK CREEK, WISCONSIN
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, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either—
(A) the workers’ firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.
The investigation was initiated on April 4, 2003 in response
to a petition filed by a state agency on behalf of workers of
Clariant Corporation, Oak Creek, Wisconsin. The workers at the
subject firm produced processed and natural oils, polyurethanes and
lacquers.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to their
firm losing business as a supplier to a primary firm that shifted
production abroad or was affected by increased imports. The
investigation revealed, however, that this was not the case.
The primary firm’s workers are not under an active
certification for eligibility for trade adjustment assistance.
Conclusion
After careful review, I determine that all workers of Clariant
Corporation, Oak Creek, Wisconsin are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 30th day of April 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance