Petitioner Type: Workers
Impact Date:
Filed Date: 07/28/2005
Most Recent Update: 08/15/2005
Determination Date: 08/15/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,637
MERCK & COMPANY, INC.
XANTHAN GUM PRODUCT LINE
DANVILLE, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply for Worker 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
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 28, 2005 in response
to a petition filed on behalf of workers at Merck & Company, Inc.,
Xanthan Gum Product Line, Danville, Pennsylvania. The workers
manufacture xanthan gum. The workers are separately identifiable
from those producing other articles at the firm.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import xanthan gum during 2003, 2004, or January through July of
2005, nor did it shift production abroad during the relevant
period.
Worker separations at the subject firm are attributable to the
expiration of the contract to produce xanthan gum for its customer.
The Department of Labor conducted a survey of the subject
firm's sole customer regarding its purchases of xanthan gum in
2003, 2004 and January through July of 2005. Results of the survey
indicated negligible and sporadic imports of xanthan gum.
Conclusion
After careful review, I determine that all workers of Merck &
Company, Inc., Xanthan Gum Product Line, Danville, Pennsylvania,
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 15th day of August, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance