DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,526

HENKEL CORPORATION
HENKEL TECHNOLOGIES DIVISION
INCLUDING ON-SITE LEASE WORKERS OF
STAFFING PLUS
OLEAN, NEW YORK

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 May 17, 2007 in response
to a petition filed by a company official on behalf of workers at
Henkel Corporation, Henkel Technologies Division, Olean, New
York. The workers produced epoxy molding compounds during the
relevant period.
The investigation revealed that criteria I.C. and II.C have
not been met.
The investigation revealed that the subject firm did not
import epoxy molding compounds during the relevant period.
The investigation also revealed that the subject plant's
epoxy molding compounds are produced entirely for foreign
customers located in Southeast Asia and no production was sold in
the United States. Therefore, a customer survey was not
conducted, since the loss of sales of epoxy molding compound to
foreign customers cannot be used as the basis for certification.
The investigation further revealed that the subject firm
made a business decision to transfer all production of molding
compounds to China under a joint venture with another firm. The
company has no plans to import the molding compounds back to the
United States.
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 Henkel
Corporation, Henkel Technologies Division including on-site
leased workers of Staffing Plus, Olean New York 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 28th day of June 2007.


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