DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,795

AVENTIS INC.
COMMERCIAL OPERATIONS
BRIDGEWATER, NEW JERSEY

Negative 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 March 22, 2005 in response
to a petition filed by a state representative on behalf of workers
at Aventis Inc., Commercial Operations, Bridgewater, New Jersey.
The workers at the subject firm provide executive, administrative,
professional, sales support and maintenance in support of
Manufacturing Center, Kansas City, Missouri that produce ethical
pharmaceuticals.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers means that total or
partial separations, or both, in a firm or appropriate subdivision
thereof, are the equivalent to a total unemployment of five percent
(5 percent) of the workers or 50 workers, whichever is less.
Separations by the subject firm did not meet this threshold level.
The investigation revealed that separations of workers
occurred as a result of redundancies in corporate functions. The
investigation also revealed that total employment at the subject
firm increased for the twelve month period ended March 17, 2005
over the corresponding twelve month period ended March 17, 2004.
No layoffs occurred since March 17, 2005 and the company does not
anticipate any layoffs in the foreseeable future.
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.
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 are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Aventis Inc.,
Commercial Operations, Bridgewater, New Jersey are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 24th day of May 2005.
/s/ Elliott S. Kushner

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