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TAW-70380  /  Americas Styrenics, LLC (Marietta, OH)

Petitioner Type: Union
Impact Date: 05/20/2008
Filed Date: 05/21/2009
Most Recent Update: 11/19/2009
Determination Date: 11/19/2009
Expiration Date: 11/19/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,380

AMERICAS STYRENICS LLC-MARIETTA PLANT
A SUBSIDIARY OF AMERICAS STYRENICS LLC
FORMERLY KNOWN AS CHEVRON PHILLIPS CHEMICAL CO LP
INCLUDING ON-SITE LEASED WORKERS FROM
PIONEER PIPE CO.
MARIETTA, OHIO

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on November 19, 2009, applicable to workers of
Americas Styrenics LLC-Marietta plant, a subsidiary of Americas
Styrenics LLC, including on-site leased workers from Pioneer Pipe
Co., Marietta, Ohio. The notice was published in the Federal
Register on January 25, 2010 (75 FR 3937).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of styrene monomer and polystyrene
pellets.


Information shows that Americas Styrenics LLC-Marietta Plant
was formerly known as Chevron Phillips Chemical Co. LP. Some
workers separated from employment at the subject firm had their
wages reported under a separate unemployment insurance (UI) tax
accounts for Chevron Phillips Chemical Co. LP.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased customer imports of styrene monomer and polystyrene
pellets.


The amended notice applicable to TA-W-70,380 is hereby
issued as follows:
"All workers of Americas Styrenics LLC-Marietta Plant,
a subsidiary of Americas Styrenics LLC, formerly known
as Chevron Phillips Chemical Co LP, including on-site
leased workers from Pioneer Pipe Co., Marietta, Ohio,
who became totally or partially separated from
employment on or after May 20, 2008 through two years
from the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 27th day of January 2010.


/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-70,380

AMERICAS STYRENICS LLC-MARIETTA PLANT
A SUBSIDIARY OF AMERICAS STYRENICS LLC
INCLUDING ON-SITE LEASED WORKERS FROM PIONEER PIPE CO.
MARIETTA, OHIO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 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 workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or are
threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or threat
of separation and to the decline in the sales or production of
such firm.

The investigation was initiated in response to a petition
filed on May 21, 2009 by the United Steelworkers, Local 14200, on
behalf of workers of Americas Styrenics LLC- Marietta Plant, a
subsidiary of Americas Styrenics LLC, Marietta, Ohio. Workers at
the subject firm manufacture styrene monomer and polystyrene
pellets. The investigation revealed that the worker group at the
subject firm includes on-site leased workers from Pioneer Pipe Co.
The investigation further revealed that workers of Americas
Styrenics LLC- Marietta Plant, a subsidiary of Americas Styrenics
LLC, including on-site leased workers of Pioneer Piper Co.,
Marietta, Ohio (Americas Styrenics Marietta) who are engaged in
activities related to the production of styrene monomer and
polystyrene pellets meet the criteria for certification.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in the workers’ firm have become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of styrene monomer and polystyrene pellets by
the subject firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with styrene monomer and
polystyrene pellets produced by Americas Styrenics Marietta have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm’s major declining customers regarding
their purchases of wood office furniture during 2007, 2008, January
through June 2008 and January through June 2009. The survey
revealed an increased reliance on imported polystyrene pellets
during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of polystyrene pellets by customers of Americas
Styrenics Marietta contributed importantly to the worker group
separations and sales/production declines at Americas Styrenics
Marietta.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Americas Styrenics LLC-
Marietta Plant, a subsidiary of Americas Styrenics LLC, including
on-site leased workers of Pioneer Piper Co., Marietta, Ohio, who
are engaged in activites related to the production of polystyrene
pellets meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with Section
223 of the Act, 19 U.S.C. § 2273, I make the following
certification:


“All workers of Americas Styrenics LLC- Marietta Plant, a
subsidiary of Americas Styrenics LLC, including on-site
leased workers of Pioneer Piper Co., Marietta, Ohio, who
became totally or partially separated from employment on or
after May 20, 2008, through two years from the date of
certification, and all workers in the group threatened with


total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 19th day of November 2009.


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





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