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TAW-70782  /  BASF (Greenville, OH)

Petitioner Type: Workers
Impact Date: 05/20/2008
Filed Date: 05/29/2009
Most Recent Update: 11/02/2009
Determination Date: 11/02/2009
Expiration Date: 11/02/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,782

BASF
COATINGS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
GREENVILLE, 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on May 29, 2009 on behalf of workers of BASF, Coatings
Division, Greenville, Ohio. The workers produce coatings
chemicals for automobiles. The worker group includes on-site
leased workers from Adecco.
The investigation revealed that workers of BASF, Coatings
Division, Greenville, Ohio who are engaged in employment
related to production of coatings chemicals meet the criteria
as Suppliers for secondary worker certification.
Criterion I has been met because a significant proportion
of workers were threatened with separation during the relevant
period.
Criterion II has been satisfied because workers of BASF,
Coatings Division, Greenville, Ohio produced and sold coatings
chemicals to General Motors Corporation, Shreveport, Louisiana
to be incorporated into automobiles. Workers of General
Motors Corporation, Shreveport, Louisiana are covered by
certification number TA-W-63,793 issued based on increased
aggregate imports.
Criterion III has been met because the decline in sales
of coatings chemicals produced by BASF, Coatings Division,
Greenville, Ohio for General Motors Corporation, Shreveport,
Louisiana contributed importantly to the sales/production
decline at the workers' firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BASF, Coatings
Division, Greenville, Ohio, who are engaged in employment
related to the production of coatings chemicals 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 BASF, Coatings Division, including on-site
leased workers from Adecco, Greenville, 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 2nd day of November, 2009


/s/Michael W. Jaffe
_____________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance