Petitioner Type: Company
Impact Date: 01/31/2004
Filed Date: 02/01/2005
Most Recent Update: 02/14/2005
Determination Date: 02/14/2005
Expiration Date: 02/14/2007
Employment and Training Administration
TA-W-56,447
BASF CORPORATION
MORGANTON LIQUID COATINGS PLANT
MORGANTON, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment 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 February 1, 2005 in
response to a petition filed by a company official on behalf of
workers of BASF Corporation, Morganton Liquid Coatings Plant,
Morganton, North Carolina. The workers of the subject facility
produce e-coat and paint for the automotive industry.
The investigation revealed that employment and production
at the subject firm will cease upon the closure of the subject
facility on June 30, 2005.
Furthermore, the investigation revealed that BASF AG, the
parent company of the subject facility, is shifting production
of e-coat and paint to countries (Mexico and Canada) that are
parties to a free trade agreement with the United States.
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.
A 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 has been a shift in
production from the workers' firm or subdivision to Mexico and
Canada of articles that are like or directly competitive with
those produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of BASF Corporation, Morganton Liquid Coatings
Plant, Morganton, North Carolina who became totally or
partially separated from employment on or after January 31,
2004 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 at Washington, D.C., this 14th day of February 2005.
/s/ Linda G. Poole
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LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance