DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,315

MAGRUDER COLOR
ELIZABETH, NEW JERSEY

Certification 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.
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 in response to a petition
received on June 6, 2005, and filed on behalf of workers at
Magruder Color, Elizabeth, New Jersey. The workers produce organic
pigments. The workers at the subject firm were formerly certified
for trade adjustment assistance under TA-W-50,161, which expired on
January 22, 2005.
The investigation revealed that production and employment
declined at the subject facility during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
organic pigments during 2003, 2004, and January through June 2005
over the corresponding 2004 period. The survey revealed that major
customers increased their purchases of imported organic pigments,
while decreasing their purchases from the subject firm during the
relevant time period.
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.
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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with organic pigments produced at
Magruder Color, Elizabeth, New Jersey, 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 Magruder Color, Elizabeth, New Jersey, who
became totally or partially separated from employment on or
after January 23, 2005, 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
workers of Magruder Color, Elizabeth, New Jersey who became
totally or partially separated from employment on or after
June 6, 2004, through two years from the date of certification
are also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 26th day of July 2005.

/s/ Elliott S. Kushner

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