DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,995

OCCIDENTAL CHEMICAL CORPORATION
NEW OWNER - ELEMENTIS CHROMIUM LP
A SUBSIDIARY OF ELEMENTIS PLC
CASTLE HAYNE, NORTH CAROLINA

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 June 10, 2003 in response
to a petition filed on behalf of the workers at Occidental Chemical
Corporation, new owner Elementis Chromium LP, a subsidiary of
Elementis, PLC, Castle Hayne, North Carolina. The workers at the
subject firm produce sodium dichromate, chromic acid, chrome
sulphate and chromic oxide; they are not separately identifiable by
product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import of sodium dichromate, chromic acid, chrome sulphate or
chromic oxide, nor was there a shift in production of those
articles from the Castle Hayne, North Carolina plant to a foreign
country during the period under investigation.



The investigation also revealed that the decline in employment
at the subject facility is the result of the purchase of the
facility by Elementis PLC and its subsequent reorganization, and an
Environmental Protection Agency (EPA) decision to restrict the use
of chromated copper arsentate (CCA) as a wood preservative
resulting in reduced production of CCA.
Conclusion
After careful review, I determine that all workers of
Occidental Chemical Corporation, new owner Elementis Chromium LP, a
subsidiary of Elementis PLC, Castle Hayne, North Carolina, Castle
Hayne, North Carolina, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 12th day of August 2003.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance