DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,214

OMNOVA SOLUTIONS, INC.
DECORATIVE PRODUCTS DIVISION
JEANNETTE, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

By letter of July 18, 2005 United Steel Workers of America,
Local 22 requested administrative reconsideration of the
Department's negative determination regarding eligibility for
workers and former workers of the subject firm to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA).
The initial investigation resulted in a negative
determination signed on June 28, 2005 was based on the finding
that there were no company imports of industrial films and
laminates and no shift of production to a foreign source during
the relevant period. The denial notice was published in the
Federal Register on July 20, 2005 (70 FR 41792).
To support the request for reconsideration, the petitioner
supplied additional information regarding the subject firm’s
joint venture with a foreign company and requested that the
Department of Labor perform additional analysis of the data
received upon the initial investigation.
Upon the revision of the data collected during the
investigation and further contact with the subject firm’s company
official and subject firm’s customer, it was revealed that the
subject firm and a major declining customer increased its import
purchases of industrial films and laminates during the relevant
time period.
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 significant 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Omnova
Solutions, Inc., Decorative Products Division, Jeannette,
Pennsylvania, contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Omnova Solutions, Inc., Decorative Products
Division, Jeannette, Pennsylvania who became totally or
partially separated from employment on or after May 6, 2004
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."

Signed in Washington, D.C. this 19th day of August 2005.

/s/ Elliott S. Kushner

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,214

OMNOVA SOLUTIONS, INC.
DECORATIVE PRODUCTS DIVISION
JEANNETTE, PENNSYLVANIA

Negative Determinations 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 May 19, 2005 in response to
a petition filed by the United Steelworkers of America, Local 22 on
behalf of workers of OMNOVA Solutions, Inc., Decorative Products
Division, Jeanette, Pennsylvania. The workers produce industrial
films and laminates.
The investigation revealed that criterion (a)(2)(A) I.C and
(a)(2)(B) II.B have not been met.
The investigation revealed that the subject firm has not
increased imports of industrial films and laminates nor has it
shifted production abroad in the relevant periods.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of industrial films and
laminates during 2003, 2004, and January through May 2005. The
survey revealed that none of the respondents increased imports
while reducing purchases from the subject firm.
The investigation revealed that the subject firm is shifting a
portion of production of industrial films and laminates from the
Jeanette, Pennsylvania facility to other domestic locations.
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 the
investigation, I determine that all workers of OMNOVA Solutions,
Inc., Decorative Products Division, Jeanette, Pennsylvania are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C. this 28th day of June 2005.

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