Petitioner Type: Company
Impact Date: 11/12/2002
Filed Date: 11/20/2003
Most Recent Update: 12/31/2003
Determination Date: 12/31/2003
Expiration Date: 12/31/2005
Employment and Training Administration
TA-W-53,594
KANEKA DELAWARE CORPORATION
DELAWARE CITY, DELAWARE
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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) (A) of Section 222 have been met.
The investigation was initiated on November 20, 2003 in
response to a petition filed by a company official on behalf of
workers at of Kaneka Delaware Corporation, Delaware City,
Delaware. The workers at the subject facility produced
polyvinyl chloride resins (PVC).
The investigation further revealed that sales, production,
and employment declined absolutely from during the period of
January through October 2003 when compared to the same time
period in 2002. The subject facility closed on July 15, 2003.
The Department of Labor surveyed the subject facility's
major declining customers regarding their purchases of polyvinyl
chloride resins (PVC). This survey revealed increases in
imports of polyvinyl chloride resins (PVC) during the period
under investigation.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the facility are
age 50 or over and possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with polyvinyl chloride resins
(PVC) produced at Kaneka Delaware Corporation, Delaware City,
Delaware, contributed importantly to the total or partial
separation of workers and to the decline in sales or production
and at that facility or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Kaneka Delaware Corporation, Delaware City,
Delaware, who became totally or partially separated from
employment on or after November 12, 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 are also eligible to apply for alternative trade
adjustment assistance under section 246 of the Trade act of
1974."
Signed in Washington, D. C. this 31st day of December, 2003
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance