Petitioner Type: State
Impact Date:
Filed Date: 06/25/2004
Most Recent Update: 09/10/2004
Determination Date: 09/10/2004
Expiration Date:
Employment and Training Administration
TA-W-55,147
BASF CORPORATION
SURFACTANTS
GEISMAR, LOUISIANA
TA-W-55,147A
BASF COPORATION
EO/EG
GEISMAR, LOUISIANA
TA-W-55,147B
BASF CORPORATION
ANALYTICAL SERVICES DEPARTMENT
GEISMAR, LOUISIANA
TA-W-55,147C
BASF CORPORATION
ISO SHIPPING
GEISMAR, LOUISIANA
TA-W-55,147D
BASF CORPORATION
DIOLS
GEISMAR, LOUISIANA
TA-W-55,147E
BASF CORPORATION
THF/PTHF/SMOIPA
GEISMAR, LOUISIANA
TA-W-55,147F
BASF CORPORATION
ACETYLENE
GEISMAR, LOUISIANA
TA-W-55,147G
BASF CORPORATION
MDI
GEISMAR, LOUISIANA
TA-W-55,147H
BASF CORPORATION
ANILINE
GEISMAR, LOUISIANA
TA-W-55,147I
BASF CORPORATION
POLYOL/CCU
GEISMAR, LOUISIANA
TA-W-55,147J
BASF CORPORATION
AMINES
GEISMAR, LOUISIANA
TA-W-55,147K
BASF CORPORATION
TDI
GEISMAR, LOUISIANA
TA-W-55,147L
BASF CORPORATION
CARBOXY
GEISMAR, LOUISIANA
Notice of Determination 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. 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,
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 25, 2004 in response
to a petition filed by a state agency representative on behalf of
workers of BASF Corporation, Geismar, Louisiana. The workers at
the subject facility produce chemicals and provide shipping and
general support services (i.e. analytical, site, and corporate
services). The production workers are separately identifiably by
product line. The support personnel are grouped into two
categories: Analytical Services Department and ISO Shipping.
Surfactants (TA-W-55,147), EO/EG (TA-W-55,147A), Diols (TA-W-
55,147D), and THF/PTHF/Smoipa (TA-W-55,147E), Analytical Services
Department (TA-W-55,147B), and ISO Shipping (TA-W-55,147C):
With respect to workers at BASF Corporation, Geismar,
Louisiana, producing Surfactants, EO/EG, Diols, THF/PTHF/Smoipa,
and those workers of the firm in the Analytical Services Department
and ISO Shipping, providing production support services it is
determined that the requirements of (a)(2)(A) of Section 222 have
been met.
The investigation revealed declines in employment and
production of Surfactants, EO/EG, Diols, and THF/PTHF/Smoipa at the
subject firm from January through May 2004 when compared to the
same time period in 2003.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of Surfactants,
EO/EG, Diols, and THF/PTHF/Smoipa during 2002, 2003 and January
through June 2004. This survey revealed increases in import
purchases of these chemicals while reducing purchases from the
subject firm.
The investigation also revealed that from 2002 to 2003, there
was a decline in employment of production support workers in the
Analytical Services Department and ISO Shipping.
Acetylene (TA-W-55,147F):
With respect to workers at BASF Corporation, Geismar,
Louisiana, producing Acetylene, the investigation revealed that
criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The investigation determined that there was no significant
decline in employment from 2002 to 2003, or during January through
May 2004 when compared to January through May 2004.
MDI (TA-W-55,147G), Aniline (TA-W-55,147H), Polyol/CCU (TA-W-
55,147I) and Amines (TA-W-55,147J):
With respect to workers at BASF Corporation, Geismar,
Louisiana, producing MDI, Aniline, Polyol/CCU, and Amines, the
investigation determined that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
The investigation showed that sales and production of these
products increased from 2002 to 2003, and again from January
through May 2004 when compared to the same period in 2003.
The investigation also revealed that the subject firm did not
shift production of MDI, Aniline, Polyol/CCU or Amines to a foreign
country during the relevant period.
TDI (TA-W-55,147K) and Carboxy (TA-W-55,147L):
With respect to workers at BASF Corporation, Geismar,
Louisiana, producing TDI and Carboxy, the investigation 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 or shift production abroad of TDI or Carboxy from 2002 to
2003 or during the period of January through May 2004.
Furthermore, the U.S. Department of Labor conducted a survey
of the subject firm's major declining customers regarding their
purchases of TDI, and Carboxy during 2002, 2003 and January through
June 2004. The survey revealed no imports of either product 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers of BASF Corporation producing Acetylene (TA-W-55,147F), MDI
(TA-W-55,147G), Aniline (TA-W-55,147H), Polyol/CCU (TA-W-55,147I),
Amines (TA-W-55,147 J), TDI (TA-W-55,147K) and Carboxy (TA-W-
55,147L) at Geismar, Louisiana, cannot be certified to apply for
TAA, these workers cannot be certified eligible to apply for ATAA.
The Department has also determined in this case that with
respect to workers of BASF Corporation in the following
departments: Surfactants (TA-W-55,147), EO/EG (TA-W-55,147A),
Diols (TA-W-55,147D), THF/PTHF/Smoipa (TA-W-55,147E), Analytical
Services Department (TA-W-55,147B), and ISO Shipping (TA-W-55,147C)
at Geismar, Louisiana, 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 Surfactants (TA-W-55,147), EO/EG
(TA-W-55,147A), Diols (TA-W-55,147D) and THF/PTHF/Smoipa (TA-W-
55,147E) produced by BASF Corporation, Geismar, Louisiana,
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:
"Workers engaged in employment related to the production of
Surfactants (TA-W-55,147), EO/EG (TA-W-55,147A), Diols (TA-W-
55,147D), and THF/PTHF/Smoipa (TA-W-55,147E), including the
Analytical Services Department (TA-W-55,147B) and ISO Shipping
(TA-W-55,147C), at BASF Corporation, Geismer, Louisiana, who
became totally or partially separated from employment on or
after June 18, 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, as amended."
Furthermore, after careful review, I determine that workers
engaged in employment related to the production of Acetylene (TA-W-
55,147F), MDI (TA-W-55,147G), Aniline (TA-W-55,147H), Polyol/CCU
(TA-W-55,147I), Amines (TA-W-55,147J), TDI (TA-W-55,147K) and
Carboxy (TA-W-55,147L) at BASF Corporation, Geismar, Louisiana, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also 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 10th day of September 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance