.
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,182

FLEXSYS AMERICA LP
NITRO PLANT
NITRO, WEST VIRGINIA


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 February 6, 2004 in
response to a petition filed by a United Steelworkers of America
12610 on behalf of workers at Flexsys America LP, Nitro Plant,
Nitro, West Virginia. The workers at the subject firm produced
primary accelerators for tires, chemicals, animal feed
ingredients and specialty products.
The investigation revealed that sales and employment at the
subject firm decreased during the relevant period under
investigation.
The investigation further revealed that the subject firm
increased their reliance on imports of primary accelerators
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 addition, 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 primary accelerators produced
at Flexsys America LP, Nitro Plant, Nitro, West Virginia
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 Flexsys America LP, Nitro Plant, Nitro,
West Virginia who became totally or partially separated
from employment on or after February 6, 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 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 11th day of March, 2004.

/s/ Elliott S. Kushner

_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance