DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-58,920

RUTGERS ORGANICS CORPORATION
STATE COLLEGE, PENNSYLVANIA

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 March 1, 2006 in
response to a petition filed by a company official on behalf of
workers at Rutgers Organics Corporation, State College,
Pennsylvania. The workers provide a variety of administrative
services for other locations and firms.
The subject firm formerly produced custom agricultural
chemicals, and workers at the firm were certified eligible to
apply for Trade Adjustment assistance on December 1, 2003. That
certification expired December 1, 2005.
The current investigation revealed, however, that the
subject firm has not produced an article within the meaning of
Section 222 (a)(2) of the Act within the requisite one year
period. 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 and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
workers described above perform administrative services and do
not support a firm or appropriate subdivision that has produced
an article domestically within the relevant one year time
period, and thus the worker group can not 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 assistance (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
Rutgers Organics Corporation, State College, Pennsylvania 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 5th day of April, 2006

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