DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,099

AIR PRODUCTS AND CHEMICALS INC.
SPARROWS POINT, MARYLAND

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) 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;

(2) 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

(3) 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(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly to
another firm component parts for articles, or services used in
the production of 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 October 22, 2012 by a state workforce office on behalf
of workers of Air Products and Chemicals Inc., Sparrows Point,
Maryland (Air Products and Chemicals). The workers' firm is
engaged in activities related to the supply of liquid oxygen
services used in the steelmaking process.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(b)(1) has been met because a significant number
or proportion of the workers in such workers' firm have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(b)(2) has been met because Air Products and
Chemicals is a Supplier 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 is
related to the finished article that was the basis for such
certification.
Section 222(b)(3)(A) has been met because the liquid oxygen
supplied by Air Products and Chemicals for a firm that employed a
certified worker group accounted for at least 20 percent of the
production or sales of Air Products and Chemicals.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Air Products and
Chemicals Inc., Sparrows Point, Maryland, who are engaged in
activities related to the supply of liquid oxygen services meet
the worker group certification criteria under Section 222(b) of
the Act, 19 U.S.C. § 2272(b). 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., Sparrows
Point, Maryland, who became totally or partially separated
from employment on or after October 18, 2011 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 28th day of November, 2012.

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