DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,381

DSM PHARMA CHEMICALS
A DIVISION OF DSM PHARMACEUTICALS, INC.
GREENVILLE, NORTH CAROLINA

Negative 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 investigation was initiated on November 18, 2005 in
response to a petition filed by a company official on behalf of
workers of DSM Pharma Chemicals, a division of DSM Pharmaceuticals,
Inc., Greenville, North Carolina. The workers performed facility
demolition preparation activities.
The subject firm held a previous certification (TA-W-53,297)
which expired on December 8, 2005.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
investigation revealed that although production of an article
occurred within the firm or appropriate subdivision at one time,
production ceased during 2004, more than one year prior to the
date of the petition. The demolition preparation workers
therefore did not support production in the relevant time period,
and thus cannot be considered import impacted or affected by a
shift in production of an article.
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 assis-
tance (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 DSM Pharma
Chemicals, a division of DSM Pharmaceuticals, Inc., Greenville,
North Carolina 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 20th day of December 2005.

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