DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,116

SPI POLYOLS, INC.
NEW CASTLE, DELAWARE

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 23, 2003 in response
to a petition filed by the United Steel Workers of America (USWA)
on behalf of workers at SPI Polyols, Inc., New Castle, Delaware.
The workers produce liquid sorbitol.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The declines in employment at the subject plant are
attributed to a formed joint venture between the subject firm and
another domestic company. Plant production will be conducted at
another domestic location.


Sales at the subject firm increased in 2002 as compared with
2001 and further increased in the period of January through May
2003 period compared with the corresponding 2002 period.
The investigation also revealed that the subject firm did
not shift production to a foreign country, nor did they import
liquid sorbitol during the relevant period.
Conclusion
After careful review, I determine that all workers of SPI
Polyols, Inc., New Castle, Delaware, 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 16th day of July 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance