DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,389

A. SCHULMAN, INC.
POLYBATCH COLOR CENTER
SHARON CENTER, OHIO

Notice of Revised Determination
on Reconsideration

On February 24, 2009, the Department issued an Affirmative
Determination Regarding Application for Reconsideration
applicable to workers and former workers of the subject firm.
The notice was published in the Federal Register on March 4, 2009
(74 FR 9430).
The previous investigation initiated on November 10, 2008,
resulted in a negative determination issued on December 22, 2008,
was based on the finding that imports of color concentrates did
not contribute importantly to worker separations at the subject
firm and no shift of production to a foreign source occurred.
The denial notice was published in the Federal Register on
January 14, 2009 (74 FR 2139).
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review
of the information and contact with the company official, it was
revealed that the subject firm shifted a portion of plant
production to Mexico and that shift contributed to the layoffs at
the subject firm during the relevant 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.
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 Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:

"All workers of A. Schulman, Inc., Polybatch Color Center,
Sharon Center, Ohio, who became totally or partially
separated from employment on or after October 17, 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 in Washington, D.C. this 2nd day of April 2009.


/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-64,389

A. SCHULMAN, INC.
POLYBATCH COLOR CENTER
SHARON CENTER, OHIO

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 November 10, 2008, in
response to a petition filed on behalf of workers at A. Schulman,
Inc., Polybatch Color Center, Sharon Center, Ohio. The workers of
the subject firm produce color concentrates.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did import
color concentrates in 2006 to 2007, nor during January to October
2008.
Furthermore, the investigation revealed that the subject firm
did not shift production of its color concentrates abroad during
the relevant period.
The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of color concentrates
during 2006 and 2007 and during the period January through November
2008 as compared with the same period of the previous year. That
survey revealed no significant increase in imports of color
concentrates 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, I determine that workers of A. Schulman,
Inc., Polybatch Color Center, Sharon Center, Ohio, 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 22nd day of December 2008


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









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