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TAW-70479  /  Air Products and Chemicals (Easton, PA)

Petitioner Type: Company
Impact Date: 05/21/2008
Filed Date: 05/22/2009
Most Recent Update: 10/14/2009
Determination Date: 10/14/2009
Expiration Date: 10/14/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,479

AIR PRODUCTS AND CHEMICALS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM COVENANT SECURITY
SERVICES LTD. AND STAR BUILDING SERVICES
EASTON, PENNSYLVANIA

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.


III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 22, 2009, by a company official on behalf of
workers of Air Products and Chemicals, Inc., Easton,
Pennsylvania (Air Products and Chemicals). The workers produce
photoresist strippers for the semiconductor industry and are
not separately identifiable by product line. The worker group
includes on-site leased workers from Covenant Security Services
Ltd. and Star Building Services.
The investigation revealed that workers of Air Products and
Chemicals who are engaged in employment related to production
of photoresist strippers meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers are threatened with total or partial separation
during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to foreign countries the production of articles
like or directly competitive with the photoresist strippers
produced by the workers.
Criterion III has been met because the shift in
production of photoresist strippers to South Korea and Taiwan
by Air Products and Chemicals contributed importantly to
worker group separations at the Easton, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Air Products and
Chemicals, Inc., Easton, Pennsylvania, who are engaged in
employment related to production of photoresist strippers 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 Air Products and Chemicals, Inc.,
including on-site leased workers from Covenant Security
Services Ltd. and Star Building Services, Easton,
Pennsylvania, who became totally or partially separated
from employment on or after May 21, 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 14th day of October, 2009


/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance