DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,968

FMC CORPORATION
ACTIVE OXIDANTS DIVISION
TONAWANDA, NEW YORK

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), as amended, 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 January 8, 2004 in response
to a petition filed by the United Food and Commercial Workers
International, Local 76C, on behalf of workers of FMC Corporation,
Tonawanda, New York. The workers produce persulfate oxidizers.
Sales and employment at the subject firm declined in 2003
compared with 2002.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of persulfate oxidizers in
the above periods. The investigation revealed that respondents
increased their purchases of imported persulfate oxidizers,
acquired through domestic distributors, during the relevant period.
In accordance with Section 246 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 persulfate oxidizers produced at
FMC Corporation, Tonawanda, New York 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 FMC Corporation, Tonawanda, New York 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 9th day of February 2004

/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance