DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,272

U.S. BORAX
RIO TINTO MINERALS
VALENCIA, CALIFORNIA

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 April 10, 2007 in response
to a petition filed by the California Employment Development
Department on behalf of workers of U.S. Borax, Rio Tinto Minerals,
Valencia, California. The workers performed clerical and
administrative duties for U.S. Borax operations taking place
elsewhere.
The investigation revealed that the workers at Valencia,
California do not produce an article within the meaning of
Section 222(a)(2) of the Act. 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
Valencia, California workers do not support a firm or appropriate
subdivision that produces an article domestically and whose
workers have been certified eligible for adjustment assistance.
Support functions performed at the Valencia location are
being transferred domestically, to another facility in Denver,
Colorado. Furthermore, United States aggregate imports of
borates declined in 2005-2006 and in the first two months of
2007. Thus the worker group can not be considered affected by a
shift in production of an article abroad, or impacted by
increased imports.
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 U.S. Borax, Rio
Tinto Minerals, Valencia, California 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 19th day of April 2007

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