Petitioner Type: Workers
Impact Date: 10/03/2002
Filed Date: 10/06/2003
Most Recent Update: 11/13/2003
Determination Date: 11/13/2003
Expiration Date: 11/13/2005
Employment and Training Administration
TA-W-53,149
ARCH CHEMICALS, INC.
INCLUDING LEASED WORKERS FROM CDI PROFESSIONAL SERVICES
LAKE CHARLES, LOUISIANA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 that the requirements of (a)(2)(B)
of Section 222 have been met.
The investigation was initiated on October 6, 2003 in response
to a petition filed on behalf of workers at Arch Chemicals, Inc.,
Lake Charles, Louisiana. Workers at the subject facility produce
hydrazine and ketazine; they are not separately identifiable by
product line.
The investigation also revealed that the subject facility
leased some of its production workers from CDI Professional
Services, Oak Ridge, Tennessee.
The investigation revealed that employment at the subject
facility declined absolutely when the subject facility ceased
production of ketazine on June 8, 2003.
Furthermore, the investigation revealed that the subject
facility will rely on imports of ketazine from Korea during the
relevant period.
Company imports of ketazine will commence during the fourth
quarter of 2003.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not been
met.
The investigation revealed that the skills of the worker group
are easily transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Korea of ketazine like or
directly competitive with those produced at that firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Arch Chemicals, Inc., Lake Charles, Louisiana,
and leased workers of CDI Professional Services, producing
ketazine and hydrazine at Arch Chemicals, Inc., Lake Charles,
Louisiana, who became totally or partially separated from
employment on or after October 3, 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;" and
I further determine that all workers of Arch Chemicals, Inc.,
Lake Charles, Louisiana are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 13th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance