DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,987

SUN CHEMICAL
PERFORMANCE PIGMENTS DIVISION
CINCINNATI, OHIO


Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration

By letter dated January 27, 2006, a petitioner requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA). The certification for Trade
Adjustment Assistance (TAA) was signed on January 6, 2006. The
Notice of determination was published in the Federal Register on
January 24, 2006 (71 FR 3887).
The initial investigation determined that subject worker
group possess skills that are easily transferable.
A careful review reveals that there are few comparable jobs
in the local commuting area which require those skills possessed
by the subject worker group. At least five percent of the
workforce at the subject from is at least fifty years of age.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of at Sun Chemical, Performance Pigments
Division, Cincinnati, Ohio, who became totally or partially
separated from employment on or after September 12, 2004
through January 6, 2008, 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 8th day of February 2006.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,987

SUN CHEMICAL
PERFORMANCE PIGMENTS DIVISION
CINCINNATI, OHIO


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply
For 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 20, 2005, in
response to a petition filed on behalf of workers at Sun Chemical,
Performance Pigments Division, Cincinnati, Ohio. The workers at
the subject facility produce organic pigments and flush colors.
The investigation revealed that sales and employment at the
subject facility decreased during the period of January through
September 2005 compared to the same period one year prior.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of organic pigments
and dyes during 2003, 2004, and January through November 2005. The
survey revealed that customers increase their reliance on imports
during the relevant period under investigation.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met. The workers possess skills that are easily transferable.






Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with organic pigments and flush colors
produced at Sun Chemical, Performance Pigments Division,
Cincinnati, Ohio 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 Sun Chemical, Performance Pigments Division,
Cincinnati, Ohio, who became totally or partially separated
from employment on or after September 12, 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.”
I further determine that workers of Sun Chemical, Performance
Pigments Division, Cincinnati, Ohio, are denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended.
Signed in Washington, D. C., this 6th day of January 2006.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance