DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,154

POLYONE DESIGNED STRUCTURES AND SOLUTIONS LLC
A SUBSIDIARY OF POLYONE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM CAROL HARRIS STAFFING
DONORA, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

On January 10, 2014, the Department of Labor (Department)
issued a Notice of Affirmative Determination Regarding
Application for Reconsideration applicable to workers and former
workers of Polyone Designed Structures and Solutions LLC, a
subsidiary of Polyone Corporation, Donora, Pennsylvania
(hereafter referred to as either “Polyone Designed Structures
and Solutions LLC” or “subject firm”). The subject firm is
engaged in activities related to the production of color
additives and inks. The workers are not separately identifiable
by article. The subject worker group includes on-site leased
workers from Carol Harris Staffing.
Based on a careful review of previously-submitted
information and additional information obtained during the
reconsideration investigation, the Department determines that
the petitioning worker group, including on-site leased workers
from Carol Harris Staffing, has met the eligibility criteria set
forth in the Trade Act of 1974, as amended.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Polyone Designed
Structures and Solutions LLC have become totally or partially
separated, or are threatened with such separation.
Section 222(a)(2)(B) has been met because the workers’
firm has shifted to a foreign country a portion of the
production of articles like or directly competitive with the
color additives and inks produced by the subject worker group,
which contributed importantly to worker group separations at
Polyone Designed Structures and Solutions LLC.
Conclusion
After careful review of previously-submitted facts and the
additional facts obtained during the reconsideration
investigation, I determine that workers of Polyone Designed
Structures and Solutions LLC, a subsidiary of Polyone
Corporation, including on-site leased workers from Carol
Harris Staffing, Donora, Pennsylvania, 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 Polyone Designed Structures and Solutions
LLC, a subsidiary of Polyone Corporation, including on-
site leased workers from Carol Harris Staffing, Donora,
Pennsylvania, who became totally or partially separated from
employment on or after October 18, 2012, through two years
from the date of this 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 5th day of March, 2014

/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
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DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,154

POLYONE DESIGNED STRUCTURES AND SOLUTIONS LLC
A SUBSIDIARY OF POLYONE CORPORATION
DONORA, PENNSYLVANIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers’ firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers’ firm was directly incorporated have
increased.
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation
or threat of separation and to the decline in the
sales or production of such firm.

(B) Shift in Production or Supply Path:
(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
(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; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers’ separation or threat of separation.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be 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
terms “Supplier” and “Downstream Producer.”
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers’ firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on October 21, 2013 by Teamsters, Local 205 on behalf of
workers of Polyone Designed Structures and Solutions LLC, a
subsidiary of Polyone Corporation, Donora, Pennsylvania. The
workers’ firm is engaged in activities related to the production
of color additives and inks for use in plastics and other
polymers.
The petitioner claimed that production is being shifted to
foreign countries. During the course of the investigation,
information was collected from the workers’ firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with color additives and inks have not
increased in 2011, 2012 or during the period of January
through September 2013.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm has not shifted the
production of articles like or directly competitive with color
additives and inks to a foreign country or acquired like or
directly competitive articles from a foreign country. Rather,
the investigation confirmed that production is being shifted
from the Donora, Pennsylvania facility to other facilities
within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the firm is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because the workers’
firm has not been publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in an affirmative finding
of serious injury, market disruption, or material injury, or
threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Polyone Designed
Structures and Solutions LLC, a subsidiary of Polyone
Corporation, Donora, Pennsylvania engaged in activities related
to the production of Color additives and inks to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 5th day of November, 2013


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




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