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TAW-74369  /  Lanxess Sybron Chemicals, Inc. (Birmingham, NJ)

Petitioner Type: State
Impact Date: 03/19/2010
Filed Date: 07/12/2010
Most Recent Update: 08/19/2010
Determination Date: 08/19/2010
Expiration Date: 08/19/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,369

LANXESS SYBRON CHEMICALS, INC.
A SUBSIDIARY OF LANXESS CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM BELCAN CORPORATION
BIRMINGHAM, NEW JERSEY

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. (Set forth in 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 12, 2010 on behalf of workers of LANXESS Sybron
Chemicals, Inc., a subsidiary of LANXESS Corporation,
Birmingham, New Jersey (LANXESS Birmingham). The firm was
engaged in activities related to production of ion exchange
resins and other specialty chemicals. The workers were engaged
in the decommissioning, demolition, environmental remediation,
and restructuring for the shutdown of the firm. The worker
group includes on-site leased workers from Belcan Corporation.
The worker group, LANXESS Birmingham, was covered by an
existing certification (TA-W-62,920), which expired on March
18, 2010. The certification was based on increased company
imports of ion exchange resins.
The investigation revealed that workers of LANXESS
Birmingham, who are engaged in activities related to
decommissioning, demolition, environmental remediation, and
restructuring for the shutdown of the production of ion exchange
resins and other specialty chemicals, meet the criteria for
certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in the production of ion exchange resins and other
specialty chemicals by LANXESS Birmingham to India.
Criterion III has been met because the shift in production
of ion exchange resins and other specialty chemicals by LANXESS
Birmingham contributed importantly to worker group separations
at LANXESS Birmingham.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of LANXESS Sybron
Chemicals, Inc., a subsidiary of LANXESS Corporation, including
on-site leased workers from Belcan Corporation, Birmingham, New
Jersey, who are engaged in employment related to the
decommissioning, demolition, environmental remediation, and
restructuring for the shutdown production for ion exchange
resins and other specialty 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 LANXESS Sybron Chemicals, Inc., a
subsidiary of LANXESS Corporation, including on-site leased
workers from Belcan Corporation, Birmingham, New Jersey,
who became totally or partially separated from employment
on or after March 19, 2010, 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 August, 2010

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