DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,924

NEPERA, division of RUTHERFORD CHEMICAL
HARRIMAN, NEW YORK

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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 on September 12, 2005 in
response to a petition filed on behalf of workers of Nepera,
division of Rutherford Chemicals, Harriman, New York. The workers
produce chemicals.
The subject firm has curtailed production at Harriman, New
York.
A Departmental survey revealed that major customers of Nepera
increased their purchases of imported chemicals like or directly
competitive with those produced by the subject firm while reducing
purchases from it.
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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with chemicals produced at Nepera,
division of Rutherford Chemicals, Harriman, New York 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 Nepera, division of Rutherford Chemicals,
Harriman, New York who became totally or partially separated
from employment on or after September 9, 2004 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 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 21st day of October, 2005.

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