DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,399

LONZA, INC.
BAYPORT PLANT
PASADENA, TEXAS

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 August 6, 2004, in response
to a petition filed on behalf of workers of Lonza, Inc., Bayport
Plant, Pasadena, Texas. The workers produce chemical
intermediates.
A survey conducted by the Department of Labor revealed that
major customers increased their purchases of imported chemical
intermediates during the relevant period. The subject plant has
experienced sales and employment declines.
In addition, 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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion #2 has not
been met.
The investigation revealed that worker skills are easily
transferable in the immediate area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with chemical intermediates produced
at Lonza, Inc., Bayport Plant, Pasadena, Texas 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 Lonza, Inc., Bayport Plant, Pasadena, Texas
who became totally or partially separated from employment on
or after August 4, 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."
"I further determine that all workers of Lonza, Inc.,
Bayport Plant, Pasadena, Texas are denied eligibility to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 26th day of August, 2004


/s/ Elliott S. Kushner

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