DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,004

SOLUTIA, INC.
PERFORMANCE PRODUCTS DIVISION
ANNISTON, ALABAMA

Notice of Revised Determination
on Reconsideration

By letter dated July 28, 2004 a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on June 21, 2004 was based on the finding
that imports of paranitrophenol did not contribute importantly to
worker separations at the subject plant and no shift of
production to a foreign source occurred. The denial notice was
published in the Federal Register on August 3, 2004 (69 FR
46574).
To support the request for reconsideration, the company
official supplied additional information. Upon further review
and contact with the subject firm’s major customer, it was
revealed that the customer significantly increased its import
purchases of paranitrophenol while decreasing its purchases from
the subject firm during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
sales and production.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Solutia,
Inc., Performance Products Division, Anniston, Alabama,
contributed importantly to the declines in sales or production
and to the total or partial separation of workers at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Solutia, Inc., Performance Products
Division, Anniston, Alabama, who became totally or partially
separated from employment on or after May 28, 2003 through
two years from the date of this certification, are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."

Signed in Washington, D.C. this 5th day of August 2004.

/s/ Elliott S. Kushner

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,004

SOLUTIA, INC.
PERFORMANCE PRODUCTS DIVISION
ANNISTON, ALABAMA

Negative Determination Regarding Eligibility
To Apply for Worker 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;






B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on June 1, 2004 in response to
a petition filed by a company official on behalf of workers at
Solutia, Inc., Performance Products Division, Anniston, Alabama.
The workers at the subject firm produced paranitrophenol.
The investigation further revealed that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import paranitrophenol during the period under investigation, nor
did it shift production of paranitrophenol abroad during the
relevant period.
The Department of Labor surveyed the subject facility’s
customer regarding its purchases of paranitrophenol. This survey
revealed no increase in imports of paranitrophenol during the
period under investigation.
Conclusion
After careful review, I determine that all workers of Solutia,
Inc., Performance Products Division, Anniston, Alabama, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 21st day of June 2004.


/s/ Linda G. Poole


______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance