DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,811

H.B. FULLER COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM WISE PERSONNEL
PADUCAH, KENTUCKY

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 August 5, 2008, in
response to a petition filed by the United Steel Workers,
Local 413, on behalf of the workers of H.B. Fuller Company,
Paducah, Kentucky, including on-site leased workers from
Wise Personnel. The workers are engaged in activities
related to the production of hot melt adhesives.


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 did
not import or shift production of hot melt adhesives during
the relevant period.
The Department of Labor surveyed the subject firm's
major declining customer regarding their purchases of hot
melt adhesives during 2006, 2007, and January through July
2008 over the corresponding 2007 period. The survey
revealed that import purchases were negligible during the
relevant period.
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 H.B. Fuller
Company, Paducah, Kentucky, including on-site leased
workers from Wise Personnel, 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 24th day of September 2008

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