DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,111

BASF CORPORATION CHEMICAL DIVISION
A SUBSIDIARY OF BASF SE
INCLUDING ON SITE LEASED WORKERS FROM KELLY SERVICES
AND MUNDY MAINTENANCE SERVICES & OPERATIONS, LLC
WILMINGTON, NORTH CAROLINA

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 4, 2009, in
response to a petition filed on behalf of the workers of BASF
Corporation, Chemical division, a subsidiary of BASF SE,
Wilmington, North Carolina. The workers produce vitamin C direct
compressible products.
The subject firm also leased workers from Kelly Services and
Mundy Maintenance Services & Operations, LLC.
The investigation revealed that there is a threat of
employment decline at the subject firm.
Sales and production of vitamin C at the subject firm declined
from 2007 to 2008.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of vitamin C in 2007
and 2008. The survey revealed that customers increased imports
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 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 vitamin C produced at BASF
Corporation, Wilmington, North Carolina, 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 BASF Corporation, Chemical division,
Wilmington, North Carolina, including on-site lease workers
from Kelly Services and Mundy Maintenance Services &
Operations, LLC, who became totally or partially separated
from employment on or after February 3, 2008, 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 25th day of March 2009

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