DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,377

CHEMTRADE CHEMICALS US LLC
A SUBSIDIARY OF CHEMTRADE LOGISTICS
FORMERLY KNOWN AS GENERAL CHEMICAL
PARSIPPANY, NEW JERSEY

Notice of Revised 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 on June 16, 2014, resulted
in a negative determination, issued on August 11, 2014, that was based
on the finding that imports of articles like or directly competitive
with those produced by the workers’ firm not contributing importantly
to sales and/or production decline and worker separations. The
determination was applicable to workers and former workers of
Chemtrade Chemicals US LLC, a subsidiary of Chemtrade Logistics,
formerly known as General Chemical, Parsippany, New Jersey (Chemtrade).

The workers’ firm is the corporate office for Chemtrade,
formerly known as General Chemical. Chemtrade operates a diversified
business providing industrial chemicals and services to customers
worldwide. The subject workers are engaged in activities related to
accounting, accounts payable and receivable, and administrative
services.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift in
some corporate services resulted in worker separations.

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)(B) has been met because the workers’ firm
has shifted to a foreign country the supply of services like or
directly competitive with services supplied by the workers which
contributed importantly to worker group separations at Chemtrade.

Conclusion

After careful review, I determine that workers of Chemtrade
Chemicals US LLC, a subsidiary of Chemtrade Logistics, formerly known
as General Chemical, Parsippany, New Jersey, who are engaged in
activities related to the supply of accounting, accounts payable
and receivable, and administrative services, 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 Chemtrade Chemicals US LLC, a subsidiary
of Chemtrade Logistics, formerly known as General Chemical,
Parsippany, New Jersey who became totally or partially separated
from employment on or after June 13, 2013, 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 6th day of August, 2015


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




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,377

CHEMTRADE CHEMICALS US LLC
A SUBSIDIARY OF CHEMTRADE LOGISTICS
FORMERLY KNOWN AS GENERAL CHEMICAL
PARSIPPANY, NEW JERSEY

Negative 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 by a State Workforce Office on June 16, 2014 on behalf of
workers of Chemtrade Chemicals US LLC, a subsidiary of Chemtrade
Logistics, formerly known as General Chemical, Parsippany, New
Jersey ("Chemtrade"). The workers' firm is engaged in activities
related to the production of chemicals (i.e. sulphuric acid,
inorganic coagulants for water treatment, liquid sulphur dioxide,
sodium nitrite and sodium hydrosulphite). The subject workers are
specifically engaged in activities related to accounting, accounts
payable and receivable, and administrative services at the firm's
corporate office.
The petitioner alleged that the workers' duties have been
outsourced overseas.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of articles like or directly competitive with chemicals to a
foreign country. Rather, the investigation confirmed the worker
separations were due to a redundancy in service functions due to
the recent acquisition of General Chemical by Chemtrade.
With respect to Section 222(a)(2)(A)(iii), the investigation
revealed that imports of articles like or directly competitive
with the articles produced by Chemtrade did not contribute
importantly to the workers' separation or threat of separation
and to the decline in sales or production of the subject firm.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers' firm is neither a Supplier
nor 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
trade adjustment assistance (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 all workers of Chemtrade Chemicals
US LLC, a subsidiary of Chemtrade Logistics, formerly known as
General Chemical, Parsippany, New Jersey, 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 11th day of August 2014.

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