Petitioner Type: State
Impact Date: 04/21/2004
Filed Date: 04/21/2005
Most Recent Update: 06/03/2005
Determination Date: 06/03/2005
Expiration Date: 06/03/2007
Employment and Training Administration
TA-W-57,022
ROHM AND HAAS COMPANY
BAYPORT PLANT
LAPORTE, 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), 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 April 21, 2005, in response
to a petition filed by a state workforce representative on behalf
of workers at Rohm and Haas Company, Bayport Plant, LaPorte, Texas.
The workers at the subject firm produced blazer herbicides.
The investigation revealed that production and employment at
the subject firm declined during the period of January through
April 2005 compared to the same period in 2004.
The Department of Labor surveyed the subject firm's sole
customer regarding its purchases of blazer herbicides. The survey
revealed increased import purchases of blazer herbicides during the
relevant period.
In addition, in accordance with Section 246 of 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 the workers possess skills
that are easily transferable to other positions.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with blazer herbicides produced at the
subject firm 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 Rohm and Haas Company, Bayport Plant, LaPorte,
Texas, who became totally or partially separated from
employment on or after April 21, 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
I further determine that all workers of Rohm and Haas Company,
Bayport Plant, LaPorte, 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 3rd day of June, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance