DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,340

RIPPLEWOOD PHOSPOROUS U.S., LLC
FORMERLY AKZO NOBEL FUNCTIONAL CHEMICAL LLC
GALLIPOLIS FERRY, WEST VIRGINIA


Notice of Negative Determination
Regarding Application for Reconsideration

By application dated September 2, 2004, a petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The negative determination applicable to workers of
Ripplewood Phosphorous U.S., LLC, Formerly Akzo Nobel Functional
Chemical LLC, Gallipolis Ferry, West Virginia was issued on
August 6, 2004. The Notice of determination was published in the
Federal Register on August 20, 2004 (69 FR 51715).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or

(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The subject company produces flame-retardant chemicals,
including Fyrol PCF, Fyrol FR-2, Fyroflex RDP, Fyroflex BDP,
Phosphorus Trichloride, Phosphorous Oxychloride, Phosflex 4,
Phosflex TBEP and Fyrol CEF. The workers are not separately
identifiable by product line.
The TAA/ATAA petition was denied because during the relevant
time period, subject company sales and production increased and
the subject company did not shift production abroad.
In the request for reconsideration, the petitioner agrees
that subject company sales and production increased during the
relevant time period but contends that the increased sales were
due to increased imports and infers that the increased imports
were the cause of worker separations. Further, the petitioner
contends that the Department should investigate imports of
phosphorous, a raw material for phosphorus trichloride.
According to the petitioner, phosphorus trichloride “was the
base product for the facility; which was used in 80% of all the
manufacturing products.” The company confirmed that phosphorous
was imported to make phosphorus trichloride and that phosphorus
trichloride was, in turn, used to make the other flame-retardant
chemicals. The company also stated that although some phosphorus
trichloride was sold to customers, the company did not sell any
phosphorus.
Increased company imports of article(s) produced at the
subject facility could be a basis for TAA certification when
there are decreased company sales and/or production and worker
separations during the relevant period. However, increased
imports of raw material used in production of articles produced
at the subject facility cannot be the basis for TAA
certification, since the workers do not produce that article.
Thus, alleged import increases of a raw material (phosphorous)
cannot be a basis for TAA certification for the subject worker
group.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 21st day of September, 2004
/s/ Elliott S. Kushner

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