Petitioner Type: State
Impact Date: 04/19/2003
Filed Date: 04/20/2004
Most Recent Update: 06/02/2004
Determination Date: 06/02/2004
Expiration Date: 06/02/2006
Employment and Training Administration
TA-W-54,748
FMC CORPORATION
AGRICULTURAL PRODUCTS GROUP
BALTIMORE, MARYTLAND
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, 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 April 20, 2004 in response
to a petition filed by a State agency representative on behalf of
workers of FMC Corporation, Agricultural Products Group, Baltimore,
Maryland. The subjects of this petition are workers producing
Bifenthrin or Permethrin (intermediate chemicals for insecticides
and herbicides). They are separately identifiable from workers
engaged in the production of other chemicals at the facility.
It is determined in this case that the requirements of
(a)(2)(B) of Section 222 have been met for workers of FMC
Corporation, Agricultural Products Group, Baltimore, Maryland,
engaged in employment related to the production of Bifenthrin or
Permethrin.
The investigation revealed that employment at the subject firm
declined from January through March 2004 compared to the same
period in 2003.
Furthermore, FMC Corporation is shifting production of
Bifenthrin and Permethrin abroad and is increasing imports during
the relevant period.
Furthermore, 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 for workers engaged in the production of Bifenthrin or
Permethrin at FMC Corporation, Agricultural Products Group,
Baltimore, Maryland.
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 there was a shift in production
from the workers' firm or subdivision to China and India 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:
"All workers of FMC Corporation, Agricultural Products Group,
Baltimore, Maryland, engaged in employment related to the
production of Bifenthrin or Permethrin, who became totally or
partially separated from employment on or after April 19, 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 2nd day of June, 2004.
/s/ Richard Church
_______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance