DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,449

CHEVRON PHILLIPS CHEMICAL COMPANY
PORT ARTHUR, 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 5, 2003, in response to a petition filed by PACE Local 4-23 on behalf of workers of Chevron Phillips Chemical Company, Port Arthur, Texas. The workers produced benzene.
The investigation revealed that criteria I.C and II.B have not been met. Production of benzene was not shifted to any foreign country, as alleged by the petitioners. There are no imports of benzene by the subject firm.
Since the predominant portion of benzene produced at Port Arthur was shipped to other affiliated facilities, workers may be certified if there is a reduced demand for benzene from those affiliated facilities and if there are extant trade adjustment assistance certifications issued for those plants. These conditions have not been met for workers producing benzene at Port Arthur, Texas.
Conclusion
After careful review, I determine that all workers of Chevron Phillips Company, Port Arthur, Texas are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 3rd day of December 2003


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance