DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,471

ROHM AND HAAS CHEMICALS, LLC
POWDER COATINGS DIVISION
WYTHEVILLE, VIRGINIA

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 June 29, 2005 in response
to a petition filed on behalf of workers at Rohm and Haas
Chemicals, LLC, Powder Coatings Division, Wytheville, Virginia.
The workers produced thermoset powder coatings.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with thermoset powder coatings, nor did they shift
production abroad during the relevant period.



The Department of Labor conducted a survey of the subject
firm's customers regarding their purchases of thermoset powder
coatings during 2003 and 2004 and in the period of January
through June 2005 over the corresponding January through June
2004 period. The survey revealed that none of the customers
increase purchases of imported thermoset powder coatings during
the relevant period.
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 assis-
tance (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, I determine that all workers of Rohm
and Haas Chemicals, LLC, Powder Coatings Division, Wytheville,
Virginia are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denial 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 July 2005.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance