DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,490

EQUILON ENTERPRISES LLC
D/B/A SHELL OIL PRODUCTS US
BAKERSFIELD REFINERY
BAKERSFIELD, CALIFORNIA

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, 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 February 2, 2005 in
response to a petition filed by the State of California on
behalf of workers of Equilon Enterprises LLC, d/b/a Shell Oil
Products US, Bakersfield Refinery, Bakersfield, California. The
workers of the subject facility produce gasoline and diesel
fuel.
The investigation revealed that criteria (a)(2)(A)(I.B),
and (a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of
gasoline and diesel fuel increased during the period of 2003 to
2004.
Moreover, the subject facility did not shift production of
gasoline and diesel fuel to a foreign country during the
relevant period.
It is alleged in the petition that some administrative
support work at the subject facility was transferred to the
Philippines. Any separations related to that transfer cannot be
attributed to an increase in imports or transfers abroad of
products produced at the Bakersfield facility, and thus are not
basis for certification under the Trade Act.
Conclusion
After careful review, I determine that all workers Equilon
Enterprises LLC, d/b/a Shell Oil Products US, Bakersfield
Refinery, Bakersfield, California denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C., this 15th day of March 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance