DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,654

FRESENIUS KABI CLAYTON L.P.
CLAYTON, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

By electronic mail dated December 18, 2003, the State of
North Carolina requested administrative reconsideration
regarding Alternative Trade Adjustment Assistance (ATAA). The
request was made because the Department certified the workers of
the subject firm regarding only eligibility to apply for worker
adjustment assistance. The certification was signed on December
9, 2003. The notice will soon be published in the Federal
Register.
The Department issued the limited certification because it
did not investigate if workers met the eligibility requirement
of Alternative Trade Adjustment Assistance (ATAA), since a copy
of the request for determination of eligibility to apply for the
ATAA program for Older Workers was not attached to the petition.
Because the State provided documentation that a request for
ATAA consideration was properly submitted, an investigation was
conducted to determine if workers are eligible to apply for
ATAA.
The investigation revealed that a significant number of workers
at the firm are age 50 or over and possess skills that are not
easily transferable and that competitive conditions within the
industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that there was a shift of production
from the workers’ firm or subdivision to Sweden of articles like
or directly competitive with those produced by the subject firm
and that the subject firm will increase imports following the
shift abroad. In accordance with the provisions of the Act, I
make the following certification:
"All workers of at Fresenius Kabi Clayton L.P., Clayton,
North Carolina, who became totally or partially separated
from employment on or after November 25, 2002 through
December 9, 2005, 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 6th day of January 2004.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,654

FRESENIUS KABI CLAYTON L.P.
CLAYTON, NORTH CAROLINA

Certification 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.
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 November 28, 2003, in
response to a petition filed by a company official on behalf of
workers of Fresenius Kabi Clayton L.P., Clayton, North Carolina.
The workers produce intralipid emulsion product.
The investigation revealed that employment at the subject
firm declined from 2001 to 2002 and also declined from January
through November 2003 when compared to the same time period in
2002.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of
intralipid emulsion product to Sweden. The subject firm will
increase the imports of intralipid emulsion product following
the shift abroad.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to Sweden of articles that
are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be an increase in imports of like or directly competitive
articles.


In accordance with the provisions of the Act, I make the
following certification:
"Workers of Fresenius Kabi Clayton L.P., Clayton, North
Carolina, engaged in employment related to the production
of intralipid emulsion product, who became totally or
partially separated from employment on or after November
25, 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.”
Signed in Washington, D.C. this 9th day of December 2003.

/s/ Linda G. Poole


______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance