DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,966

CHEMTURA CORPORATION
MORGANTOWN, WEST VIRGINIA

Negative Determinations 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:

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 August 9, 2007, in response
to a petition filed by The United Steelworkers, local 169G on
behalf of workers of Chemtura Corporation, Morgantown, West
Virginia. The workers produce secondary antioxidant liquids and
solids used for the plastics industry.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm increased
sales and production from January through June 2007 over the
corresponding period in 2006.
The subject firm did not import secondary antioxidant liquids
and solids used for the plastics industry nor shift production of
secondary antioxidant liquids and solids used for the plastics
industry abroad in 2005, 2006, and January through June 2007 over
the 2006 period.

The Department of Labor conducted a survey of the subject
firm's major domestic declining customers regarding their purchases
of secondary antioxidant liquids and solids used for the plastics
industry for years 2005, 2006, and January through June 2007 over
the corresponding period in 2006. The survey revealed that the
customers reported negligible imports for 2005 and 2006. The survey
also revealed that customers shifted their purchases of secondary
antioxidant liquids and solids used for the plastics industry to
other unaffiliated domestic firms.
The investigation also revealed primary reason for declines in
employment at the subject firm is related to lost export sales,
which accounted for over half of the sales declines at the subject
firm from 2005 to 2006.
An investigation was also conducted in order to determine
whether the petitioning group of workers qualifies as adversely
affected secondary workers as suppliers of components to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.


The investigation revealed that criterion (2) was not met.
Chemtura Corporation, Morgantown, West Virginia was not a
supplier or downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification of
eligibility to apply for trade adjustment assistance benefits.
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 of the facts obtained during this
investigation, I determine that workers of Chemtura Corporation,
Morgantown, West Virginia 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 4th day of April 2008


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