DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,086A

BAYER CROPSCIENCE LP (“BCS LP”)
THIODICARB UNIT
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO, BELCAN, CDI ENGINEERING SOLUTIONS, CH2M HILL
ENGINEERING, DIGITAL MANAGEMENT GROUP, GREENWOOD,
MANUFACTURING MANAGEMENT SERVICES, MIDDOUGH ASSOCIATES INC.,
AND US SECURITIES
INSTITUTE, WEST VIRGINIA

Notice of Negative Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated February 21, 2014,
resulted in a negative determination, issued on April 24, 2014 that
was based on no decline in sales or production, no shifts in
production to a foreign country, and not qualifying as a secondary
worker. The workers’ firm is engaged in activities related to the
production of thiodicarb which is an active ingredient that is used
in the end-use product, Larvin® brand insecticide. The subject
worker group includes workers of Bayer CropScience LP (“BCS LP”),
Thiodicarb Unit, including on-site leased workers from Adecco,
Belcan, CDI Engineering Solutions, CH2M Hill Engineering, Digital
Management Group, Greenwood, Manufacturing Management Services,
Middough Associates Inc., and US Securities, Institute, West
Virginia (herein known as “BCS LP”).
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that BCS LP has not experienced a decline
in the sales or production of thiodicarb from 2012 to 2013.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that BCS LP did not shift the production of
thiodicarb or a like or directly competitive article to a foreign
country or acquire thiodicarb or a like or directly competitive
article from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that BCS LP is not a Supplier or acts as a
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 either because Criterion
(1) has not been met since 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 Bayer CropScience LP (“BCS
LP”), Thiodicarb Unit, including on-site leased workers from
Adecco, Belcan, CDI Engineering Solutions, CH2M Hill Engineering,
Digital Management Group, Greenwood, Manufacturing Management
Services, Middough Associates Inc., and US Securities, Institute,
West Virginia, who were engaged in activities related to the
production of thiodicarb to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 26th day of February, 2016.


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,086

BAYER CROPSCIENCE LP
ALDICARB UNIT
INSTITUTE, WEST VIRGINIA

TA-W-85,086A

BAYER CROPSCIENCE LP
THIODICARB UNIT
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO, BELCAN, CDI ENGINEERING SOLUTIONS, CH2M HILL
ENGINEERING, DIGITAL MANAGEMENT GROUP, GREENWOOD,
MANUFACTURING MANAGEMENT SERVICES, MIDDOUGH ASSOCIATES INC.,
AND US SECURITIES
INSTITUTE, WEST VIRGINIA

Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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 three criteria must be met:
(1) 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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the African Growth and Opportunity Act,
or the Caribbean Basin Economic Recovery Act; or
(III)there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

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 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."
The investigation was initiated in response to a petition
filed on February 21, 2014 by the International Association of
Machinists & Aerospace Workers (IAMAW), District Lodge 54 on
behalf of workers of Bayer CropScience LP, Aldicarb Unit,
Institute, West Virginia (TA-W-85,086) and Bayer CropScience
LP, Thiodicarb Unit, Institute, West Virginia (TA-W-85,086A).
The Thiodicarb Unit worker group includes on-site leased
workers from Adecco, Belcan, CDI Engineering Solutions, CH2M
Hill Engineering, Digital Management Group, Greenwood,
Manufacturing Management Services, Middough Associations Inc.,
and US Securities. Workers in the Aldicarb Unit are engaged
in activities related to the shutdown of the production of
aldicarb. Workers in the Thiodicarb Unit are engaged in
activities related to production of thiodicarb.
Workers of Bayer CropScience LP, Institute, West Virginia
were previously certified eligible to apply for Trade Adjustment
Assistance (TAA) under petition number TA-W-81,021 which expired
on February 3, 2014.
The petitioner alleged the following, "The company's
decisions to exit production of certain products that are no
longer economically viable, continuation of certain products
with active ingredient supplies from alternative sources such as
imports had and are expected to continue to adversely affect the
worker group."
During the course of the investigation, information was
collected from the workers' firm.
TA-W-85,086 - ALDICARB UNIT
With regard to the Aldicarb Unit, Section 222(a)(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(a)(2)(A)(i) has been met because the
production of aldicarb by the firm has decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article
produced by the firm have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and production declines at Bayer CropScience LP,
Aldicarb Unit, Institute, West Virginia.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
TA-W-85,086A - THIODICARB UNIT
With respect to the Thiodicarb Unit, Section
222(a)(2)(A)(i) of the Act, the investigation revealed that BCS
has not experienced a decline in the sales or production of
thiodicarb from 2012 to 2013.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Bayer CropScience LP did not shift
production of thiodicarb to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Bayer CropScience LP 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).
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade adjustment Assistance
(ATAA), the worker group must be certified eligible to apply for
TAA. Since the workers are denied eligibility to apply for TAA,
the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bayer CropScience LP
("BCS LP"), Aldicarb Unit, Institute, West Virginia (TA-W-
85,086), who are engaged in activities related to the
decommissioning/demolition of the Aldicarb Unit meet the worker
group certification criteria under 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 Bayer CropScience LP, Aldicarb Unit,
Institute, West Virginia (TA-W-85,086), who became totally
or partially separated from employment on or after February
4, 2014, 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,
and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended."
AND
I determine that all workers of Bayer CropScience LP ("BCS
LP"), Thiodicarb Unit, including on-site leased workers from
Adecco, Belcan, CDI Engineering Solutions, CH2M Hill
Engineering, Digital Management Group, Greenwood,
Manufacturing Management Services, Middough Associations Inc.,
and US Securities, Institute, West Virginia (TA-W-85,086A)
engaged in activities related to the production of thiodicarb
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, as amended, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, amended.

Signed in Washington, D.C. this 24th day of April, 2014.

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