DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,931

GEO SPECIALTY CHEMICALS
RUBBER & PLASTICS DIVISION
GIBBSTOWN, NEW JERSEY

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 September 12, 2005 in
response to a petition filed by a state agency representative on
behalf of workers of GEO Specialty Chemicals, Rubber and Plastics
Division, Gibbstown, New Jersey. The workers produce di-cumyl
peroxide and cumene hydroperoxide, and are separately identifiable
by product line.
In regards to workers at the subject firm engaged in the
production of di-cumyl peroxide, it is determined that the
requirements of (a)(2)(A) are met.
Employment and production at the subject firm in the di-cumyl
peroxide product line will decline absolutely when production
permanently ceases in October 2005.
The investigation revealed that the subject firm increased
imports of di-cumyl peroxide during the period of January through
August 2005, when compared to the same time period in 2004.
In regards to workers at the subject firm engaged in the
production of cumene hydroperoxide, it is determined that the
requirements of (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been
met.
The investigation revealed that the subject firm did not
experience a decline in employment in the cumene hydroperoxide
product line from 2003 to 2004 or in the period of January through
August 2005, when compared with the same time period of 2004.
Furthermore, there is no threat of an employment decline.
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 for employees at the subject firm engaged in the
production of di-cumyl peroxide.
A significant number of workers at the firm engaged in the
production of di-cumyl peroxide are age 50 or over and possess
skills that are not easily transferable. Competitive conditions
within the industry are adverse.
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 of GEO Specialty Chemicals producing cumene hydroperoxide
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 increases in imports of di-cumyl
peroxide produced at GEO Specialty Chemicals, Rubber and Plastics
Division, Gibbstown, 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:
"Workers of GEO Specialty Chemicals, Rubber and Plastics
Division, Gibbstown, New Jersey, engaged in employment related
to the production of di-cumyl peroxide, who became totally or
partially separated from employment on or after September 2,
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."
I further determine workers of GEO Specialty Chemicals, Rubber
and Plastics division, Gibbstown, New Jersey, engaged in employment
related to the production of cumene hydroperoxide, are denied
eligibility to apply for adjustment 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 11th day of October 2005.

/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance