DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,415

ELEMENTIS CHROMIUM LP
FORMERLY KNOWN AS AMERICAN CHROME & CHEMICALS LP
INCLUDING LEASED WORKERS OF BAY, HARMONY, AND THE WILSON GROUP
CORPUS CHRISTI, TEXAS

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 November 3, 2003 in
response to a petition filed on behalf of workers at Elementis
Chromium LP, formerly known as American Chrome & Chemicals LP,
Corpus Christi, Texas. The workers at the subject firm produce
chrome chemicals (sodium dichromate, chromic acid, chromic oxide,
and chromic hydrate). The workers are not separately identifiable
by product line.
The subject firm also leased some production workers from Bay,
Harmony, and The Wilson Group, Corpus Christi, Texas.
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 chrome chemicals during 2001, 2002, or January through
October of 2003.
Furthermore, the investigation revealed that the subject firm
did not shift production of chrome chemicals abroad during the
relevant period.
The Department of Labor surveyed the subject firm's major
declining customers in regards to their purchases of chrome
chemicals. This survey revealed decreasing imports during the
relevant period.
Furthermore, aggregate U.S. imports of chrome chemicals have
decreased during the period of January through October 2003, when
compared to the same period in 2002.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Elementis Chromium
LP, a division of American Chrome & Chemicals, Corpus Christi,
Texas, including leased workers from Bay, Harmony, and The Wilson
Group producing chrome chemicals at Elementis Chromium LP, formerly
known as American Chrome & Chemicals LP, Corpus Christi, Texas are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 18th day of December 2003

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance