DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,220

AGRIUM U.S., INC.
KENAI NITROGEN OPERATION
KENAI, ALASKA

Notice of Revised Determination
on Reconsideration

By application of December 7, 2007 a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA).
The initial investigation resulted in a negative
determination signed on October 29, 2007, was based on the
finding that imports of anhydrous ammonia and urea did not
contribute importantly to worker separations at the subject plant
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on November
15, 2007 (72 FR 64247).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s domestic
production of anhydrous ammonia and urea and a shift in this
production to a foreign country.

The Department reviewed the findings in the initial
investigation and new information presented in the reconsideration.
It was revealed that employment and production of anhydrous ammonia
and urea declined at Agrium U.S., Inc., Kenai Nitrogen Operation,
Kenai, Alaska during January through August 2007 over the
corresponding 2006 period. The investigation further revealed that
the company increased imports of anhydrous ammonia and urea during
the same time period.
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 group eligibility requirements
of Section 246 of the Trade Act 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.
The workers were under an existing TAA/ATAA certification that
expired on April 12, 2007.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of anhydrous
ammonia and urea, produced by Agrium U.S., Inc., Kenai Nitrogen
Operation, Kenai, Alaska, contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
All workers of Agrium U.S., Inc., Kenai Nitrogen Operation,
Kenai, Alaska, who became totally or partially separated
from employment on or after April 13, 2007, 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."
Signed at Washington, D.C., this 8th day of January, 2008
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,220

AGRIUM U.S. INC.
KENAI NITROGEN OPERATION
KENAI, ALASKA

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:

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 September 28, 2007, in
response to a petition filed by a company official on behalf of
workers of Agrium U.S. Inc., Kenai Nitrogen Operation, Kenai,
Alaska. The workers at the subject firm produced anhydrous ammonia
and urea.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance based on increased company imports
of urea, under petition number TA-W-56,668, which expired on April
12, 2007.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
Though the subject firm is importing urea from foreign
sources, the majority of their business is in support of their
export operation.
Worker separations at the subject firm are due to Agrium’s
inability to obtain the ingredient, natural gas, needed to produce
their product(s). This inability has rendered them unable to
sustain production levels and resulted in the shut down of
operations and therefore worker separations.
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 in this
investigation, I determine that all workers of Agrium U.S. Inc.,
Kenai Nitrogen Operation, Kenai, Alaska 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 29th day of October 2007


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance



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