Certified
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TAW-62920  /  Lanxess Sybron Chemicals (Birmingham, NJ)

Petitioner Type: Union
Impact Date: 02/27/2007
Filed Date: 02/28/2008
Most Recent Update: 03/18/2008
Determination Date: 03/18/2008
Expiration Date: 03/18/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,920

LANXESS SYBRON CHEMICALS, INC.
A SUBSIDIARY OF LANXESS CORPORATION
INCLUDING ON-SITE CONTRACT WORKERS FROM
AEROTEK
BIRMINGHAM, NEW JERSEY

Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on March 18, 2008,
applicable to workers of LANXESS Sybron Chemicals, Inc., a
subsidiary of LANXESS CORPORATION, Birmingham, New Jersey. The
notice was published in the Federal Register on April 24, 2008
(73 FR 22169).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of ion exchange resins for a
variety of industrial applications.
New information shows that employees of AeroTek were working
on-site at the Birmingham, New Jersey location of LANXESS Sybron
Chemicals, Inc., a subsidiary of LANXESS CORPORATION. The
Department has determined that the AeroTek workers were
sufficiently under the control of the subject firm to be
considered contract/leased workers.
Based on these findings, the Department is amending this
certification to include temporary workers of AeroTek working on-
site at the Birmingham, New Jersey location of the subject firm.
The intent of the Department’s certification is to include
all workers employed at LANXESS Sybron Chemicals, Inc., a
subsidiary of LANXESS CORPORATION, Birmingham, New Jersey who
were adversely affected by increased imports.



The amended notice applicable to TA-W-62,920 is hereby
issued as follows:
"All workers of LANXESS Sybron Chemicals, Incorporated,
a subsidiary of LANXESS CORPORATION, including on-site
contract workers from AeroTek, Birmingham, New Jersey,
who became totally or partially separated from
employment on or after February 27, 2007, through
March 18, 2010, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974,
and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade
Act of 1974.”
Signed at Washington, D.C. this 28th day of April 2008

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


4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,920

LANXESS SYBRON CHEMICALS INCORPORATED
A SUBSIDIARY OF LANXESS CORPORATION
BIRMINGHAM, NEW JERSEY

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on February 28, 2008 in
response to a petition filed by the United Steelworkers of America,
local 12238, on behalf of workers of LANXESS Sybron Chemicals
Incorporated, a subsidiary of LANXESS CORPORATION, Birmingham, New
Jersey. The workers produce ion exchange resins for a variety of
industrial applications. These include strong acid cation ion
exchange resins, toner resins and specialty copolymers.
The investigation revealed that sales and employment at the
subject facility decreased in 2007 compared with 2006.
The subject firm’s share of imports of ion exchange resins
compared to its sales increased in 2007 compared to 2006.
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.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with ion exchange resins produced by
LANXESS Sybron Chemicals Incorporated, a subsidiary of LANXESS
CORPORATION, Birmingham, New Jersey, 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 LANXESS Sybron Chemicals Incorporated, a
subsidiary of LANXESS CORPORATION, Birmingham, New Jersey, who
became totally or partially separated from employment on or
after February 27, 2007 through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C., this 18th day of March 2008


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






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