DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,095

KERR MCGEE CHEMICAL, LLC
ELECTROLYTIC DIVISION
HENDERSON, NEVADA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 28, 2004 in
response to a petition filed by a state agency representative on
behalf of workers at Kerr McGee Chemical, LLC, Electrolytic
division, Henderson, Nevada. Workers at the subject facility
produce electrolytic manganese dioxide (EMD).
The investigation revealed sales, production and employment of
workers at the subject facility producing EMD declined from 2002 to
2003 and in the month of January 2004 when compared to the same
month in 2003.
The Department of Labor surveyed the entities in which the
subject facility submitted bids for EMD. This survey revealed that
several bids were awarded to foreign sources.
Furthermore, aggregate United States imports of manganese
dioxide revealed increased absolute and relevant to domestic
production, exceeding 100 percent during January through June 1993
compared to the same time period of the previous year.
In addition, 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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed workers in the workers' firm do
possess easily transferable skills.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with electrolytic manganese dioxide
(EMD) produced by Kerr McGee Chemical, LLC, Electrolytic division,
Henderson, Nevada, 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 Kerr McGee Chemical, LLC, Electrolytic
division, Henderson, Nevada engaged in the production of
electrolytic manganese dioxide (EMD), who became totally or
partially separated from employment on or after January 12, 2003
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
I further determine that all workers of Kerr McGee Chemical,
LLC, Electrolytic division, Henderson, Nevada, engaged in the
production of electrolytic manganese dioxide (EMD)are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, as amended.
Signed in Washington, D. C. this 8th day of March 2004.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance