DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,583

AIR PRODUCTS AND CHEMICALS, INC.
INCLUDING ON-SITE LEASED WORKERS OF
SHAW MAINTENANCE, INC.
PACE, FLORIDA


Notice of Revised Determination
on Reconsideration

By letter dated March 10, 2006, a company official requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to workers of the subject firm.
The Notice of Affirmative Determination Regarding Application for
Reconsideration was issued on April 20, 2006, and was published
in the Federal Register on May 5, 2006 (71 FR 26563).
The Department’s negative determination was based on the
findings that the subject company did not shift production of
ammonia nitrate abroad or increase imports of ammonia nitrate
during the relevant period. A survey of the subject company’s
major declining customers did not reveal increased imports of
ammonia nitrate during the relevant period.
To support the request for reconsideration, the company
official supplied additional information regarding increased
imports of ammonia nitrate by other major declining customers of
the subject firm.

During the reconsideration investigation, the Department
conducted a survey of the additional customers provided by the
company official. The survey revealed increased reliance on
imported ammonia nitrate during the period of sales and
production declines at the subject firm.
In accordance with Section 246 the Trade Act of 1974
(26 USC 2813), as amended, the Department 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, as amended, 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at the subject
firm contributed importantly to the sales and production declines
and to the separation of workers at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Air Products and Chemicals, Inc., Including
On-Site Leased Workers of Shaw Maintenance, Inc., Pace,
Florida, who became totally or partially separated from
employment on or after January 5, 2005 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended."

Signed in Washington, D.C. this 12th day of May 2006.

/s/ Elliott S. Kushner

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,583

AIR PRODUCTS AND CHEMICALS, INC.
INCLUDING ON-SITE LEASED WORKERS OF
SHAW MAINTENANCE, INC.
PACE, FLORIDA

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 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 January 5, 2006 in
response to a petition filed by a company official on behalf of
workers at Air Products and Chemicals, Incorporated, Pace,
Florida. The workers produced ammonium nitrate and nitric acid.
The workers are separately identifiable from other products
produced at the subject firm
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with ammonium nitrate and nitric acid, nor did they
shift production abroad during the relevant period.
The Department of Labor conducted a survey of major
customers of the subject firm regarding their purchases of
ammonium nitrate and nitric acid during 2004 compared to 2005.
The survey revealed that none of the respondents imported
ammonium nitrate during the relevant period.
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, I determine that all workers of Air
Products and Chemicals, Incorporated, Pace, Florida including on-
site lease workers of Shaw Maintenance, Incorporated engaged in
the production of ammonium nitrate and nitric acid are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denial eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.

Signed in Washington, D.C., this 15th day of February 2006.

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