Petitioner Type: State
Impact Date:
Filed Date: 07/08/2005
Most Recent Update: 08/26/2005
Determination Date: 08/26/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,522
EXXONMOBIL CHEMICAL COMPANY
FILMS DIVISION
A DIVISON OF EXXON MOBIL CORPORATION
STRATFORD, CONNECTICUT
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 July 8, 2005 in response to
a petition filed by a state agency representative on behalf of
workers of ExxonMobil Chemical Company, Films Division, a division
of Exxon Mobil Corporation, Stratford, Connecticut. The workers
produce Oriented Polypropylene (OPP) film. OPP film is made from
petroleum, and is used in applications such as potato chip and
vacuum-sealed coffee bags.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject facility did not increase imports of like or
directly competitive products during 2003, 2004 or January through
June of 2005.
Furthermore, the subject facility did not shift production to
a foreign country during the period under investigation.
Additionally, the Department of Labor surveyed the primary
customers of the subject facility's parent division regarding their
purchases of OPP Film in 2003, 2004, and January through June 2005.
The survey revealed that customers did not increase import
purchases while reducing purchases from the subject firm.
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 ExxonMobil Chemical
Company, Films Division, a division of Exxon Mobil Corporation,
Stratford, Connecticut are denied eligibility to apply for adjust-
ment 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 26th day of August 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance