U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,317

UNION CARBIDE CORPORATION
A SUBSIDIARY OF THE DOW CHEMICAL COMPANY
WEST VIRGINIA OPERATIONS
SOUTH CARLESTON TECHNOLOGY PARK
SOUTH CHARLESTON, WEST VIRGINIA

Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance

On August 21, 2008, the Department of Labor (Department)
received a request for administrative reconsideration of the
Department’s negative determination regarding eligibility to
apply for Alternative Trade Adjustment Assistance (ATAA)
applicable to workers and former workers of the subject firm.
On July 18, 2008, the Department issued a certification
regarding the subject workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and a negative determination
regarding their eligibility to apply for ATAA. The Department’s
Notice of determination was published in the Federal Register on
July 30, 2008 (73 FR 44283). The ATAA investigation determined
that, although the workers possess skills that are not easily
transferrable and a significant number of workers in the workers'
firm are 50 years of age or older, conditions within the chemical
industry are not adverse.
A Notice of Affirmative Determination Regarding Application
for Reconsideration, applicable to workers and former workers of
the subject firm, was issued on August 26, 2008, and will soon be
published in the Federal Register.
During the reconsideration investigation, the Department
received new information which indicated that employment related
to the chemical industry in the state of West Virginia and in the
county in which the subject firm resides has declined in the
relevant time period and that the employment in the chemical
industry is projected to decrease in the local (state and county)
economies.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following revised determination:
"All workers of Union Carbide Corporation, a Subsidiary of
Dow Chemical Company, West Virginia Operations, South
Charleston Technology Park, South Charleston, West Virginia,
who became totally or partially separated from employment on
or after May 5, 2007 through July 18, 2010, are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C., this 2nd day of September 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-63,317

UNION CARBIDE CORPORATION
A SUBSIDIARY OF THE DOW CHEMICAL COMPANY
WEST VIRGINIA OPERATIONS
SOUTH CARLESTON TECHNOLOGY PARK
SOUTH CHARLESTON, WEST VIRGINIA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
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)(B) of
Section 222 have been met.
The investigation was initiated on May 6, 2008 in response to
a petition filed on behalf of workers of Union Carbide Corporation,
a Subsidiary of Dow Chemical Company, West Virginia Operations,
South Charleston Technology Park, South Charleston, West Virginia.
The workers are engaged in activities (research and development)
related to the production of various chemicals. Work at the
facility results in patents, product specification methods, and
research reports.
The investigation revealed that employment at the South
Charleston facility declined in January through March 2008 compared
with the same period of the previous year. The decline in
employment is directly related to the shift in research and
development capabilities from the subject firm to China and India.
The results of this research and development are imported into the
United States by Union Carbide for use in further research
activities and domestic manufacturing processes.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that the third criterion has not
been met.
The investigation revealed that conditions within the
workers’ industry are not adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to China and India of
articles that are like or directly competitive with those produced
by the subject firm or subdivision, and there has been or is likely
to be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make the
following certification:


"All workers of Union Carbide Corporation, a Subsidiary of Dow
Chemical Company, West Virginia Operations, South Charleston
Technology Park, South Charleston, West Virginia, who become
totally or partially separated from employment on or after May
5, 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;
I further determine that all workers of Union Carbide
Corporation, a Subsidiary of Dow Chemical Company, West
Virginia Operations, South Charleston Technology Park, South
Charleston, West Virginia, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C., this 18th of July 2008

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





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