Denied
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TAW-64263A  /  Celanese Emulsions Corp., Solid Adhesives Division (Meredosia, IL)

Petitioner Type: Union
Impact Date:
Filed Date: 10/22/2008
Most Recent Update: 12/01/2008
Determination Date: 12/01/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,263
CELANESE EMULSIONS CORPORATION
EMULSION POLYMERS DIVISION
MEREDOSIA, ILLINOIS

TA-W-64,263A
CELANESE EMULSIONS CORPORATION
SOLID ADHESIVES DIVISION
MEREDOSIA, ILLINOIS

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 October 22, 2008 in
response to a petition filed by a Boilermakers Local 484 Union
official on behalf of workers at Celanese Emulsions Corporation,
Emulsion Polymers and Solid Adhesives Divisions, Meredosia,
Illinois. The workers produce emulsion polymers and solid adhesives
at each respective plant. Workers are separately identifiable by
product line.
With regard to workers at the subject firm engaged in
employment related to the production of emulsion polymers in the
Emulsion Polymers Division (TA-W-64,263), it is determined that the
requirements of (a) (2) (B) are met.
Employment and production in the Emulsion Polymers Division
declined in 2007 compared with 2006 and continued to decline in
January through September 2008 compared with the same period in
2007.
The investigation revealed that the subject firm shifted
production of emulsion polymers to Canada, a country with a free
trade agreement with the United States.
With regard to workers engaged in employment related to the
production of solid adhesives in the Solid Adhesives Division (TA-
W-64,263A), it is determined that the requirements of (a) (2) (A)
(I.C) and (a) (2) (B) (II.B) have not been met. Workers in this
division produced solid adhesives for an unaffiliated firm, which
is sourcing solid adhesives from another domestic location.
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 for employees at the subject firm engaged in the
production of emulsion polymers.
A significant number of workers at the firm engaged in the
production of emulsion polymers are age 50 or over and possess
skills that are not easily transferable. Competitive conditions
within the industry are adverse.
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). With
regard to workers engaged in the production of solid adhesives,
since they are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases in imports of emulsion
polymers produced at Celanese Emulsions Corporation, Emulsion
Polymers Division, Meredosia, Illinois 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 Celanese Emulsions Corporation, Emulsion
Polymers Division, Meredosia, Illinois (TA-W-64,263) who
became totally or partially separated from employment on or
after October 9, 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."
In addition, I determine that all workers of Celanese
Emulsions Corporation, Solid Adhesives Division, Meredosia,
Illinois (TA-W-64,263A) 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 1st day of December 2008


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