DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,792

HENKEL CORPORATION
ADHESIVES DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION AND AGILE 1
BUFFALO, NEW YORK

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 March 25, 2010 on behalf of workers of Henkel
Corporation, Adhesives Division, Buffalo, New York. The
workers are engaged in employment related to the production of
solvent-based adhesives and coated expandable plastic spheres,
and are not separately identifiable by product line. The
worker group includes on-site leased workers of Spherion and
Agile 1.
The investigation revealed that workers of Henkel
Corporation, who are engaged in employment related to the
production of solvent-based adhesives and coated expandable
plastic spheres, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Henkel Corporation, Adhesives
Division, Buffalo, New York are threatened with separation.
Criterion II has been met because Henkel Corporation has
shifted to a foreign country the production of articles like
or directly competitive with solvent-based adhesives and
coated expandable plastic spheres produced by the subject
workers.
Criterion III has been met because the shift of
production to Canada by Henkel Corporation contributed
importantly to worker group separations at Henkel Corporation,
Adhesives Division, Buffalo, New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Henkel Corporation,
Adhesives Division, Buffalo, New York, who are engaged in
employment related to the production of solvent-based adhesives
and coated expandable plastic spheres, 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 Henkel Corporation, Adhesives Division,
including on-site leased workers of Spherion and Agile 1,
Buffalo, New York, who became totally or partially
separated from employment on or after March 17, 2009,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on 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 May, 2010


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