Certified
« back to search results

TAW-71710  /  Arkema, Inc. (Birdsboro, PA)

Petitioner Type: Workers
Impact Date: 07/10/2008
Filed Date: 07/16/2009
Most Recent Update: 01/27/2010
Determination Date: 01/27/2010
Expiration Date: 01/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,710

ARKEMA, INC.
TECHNICAL POLYMERS DIVISION
BIRDSBORO, 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 July 16, 2009, on behalf of workers of Arkema, Inc.,
Technical Polymers Division, Birdsboro, Pennsylvania. The
workers produce high-grade nylon polymers used in a variety of
industries.
The investigation revealed that workers of Arkema, Inc. who
are engaged in employment related to the production of high-
grade nylon polymers meet the criteria for certification.
Criterion I has been met because a significant number of
workers were separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of high-
grade nylon polymers to France, Germany, and China by Arkema,
Inc. contributed importantly to worker group separations at
the Birdsboro, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Arkema, Inc.,
Technical Polymers Division, Birdsboro, Pennsylvania, who are
engaged in employment related to the production of high-grade
nylon polymers 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 Arkema, Inc., Technical Polymers Division,
Birdsboro, Pennsylvania, who became totally or partially
separated from employment on or after July 10, 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 27th day of January, 2010

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