Petitioner Type: State
Impact Date: 12/22/2002
Filed Date: 12/23/2003
Most Recent Update: 01/29/2004
Determination Date: 01/29/2004
Expiration Date: 01/29/2006
Employment and Training Administration
TA-W-53,870
HOFFMAN-LA ROCHE, INC.
CHEMICAL OPERATIONS DEPARTMENT
NUTLEY, NEW JERSEY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative 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 December 23, 2003, in
response to a petition filed by a state workforce agency
representative on behalf of workers at Hoffman-La Roche, Chemical
Operations Department, Nutley, New Jersey. The workers at the
subject firm produced vitamin E.
The investigation revealed that production and employment at
the subject firm declined from 2001 to 2002 and again from 2002 to
2003.
The Department of Labor surveyed the subject firm's major
declining customer regarding its purchases of vitamin E. The survey
revealed increased imports of vitamin E by the subject firm's major
declining customer during the period under investigation.
In addition, in accordance with Section 246 of 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.
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 firm 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 vitamin E produced at the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Hoffman-La Roche, Chemical Operations
Department, Nutley, New Jersey who became totally or partially
separated from employment on or after December 22, 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 29th day of January, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance