UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,045

OCCIDENTAL CHEMICAL CORPORATION

CHLOR-ALKALI PLANT

A WHOLLY-OWNED SUBSIDIARY OF OCCIDENTAL PETROLEUM CORPORATION

NIAGARA FALLS, NEW YORK

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.

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:

(1) 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)(A)(i) the sales or production, or both, of such firm or
subdivision 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 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 or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated August 30, 2021 and
filed on August 31, 2021 by a State Workforce Office, on behalf
of former workers of Occidental Chemical Corporation, Chlor-
Alkali Plant, a wholly-owned subsidiary of Occidental Petroleum
Corporation, Niagara Falls, New York (hereafter referred to as
the "worker group"). In accordance with 20 C.F.R. 618.110 a worker
group is defined as, ""¦inclusive of teleworkers and staffed
workers."

The group of workers are engaged in activities related to the
production of commodity chemicals involving liquid caustic soda,
chlorine, hydrogen, sodium hypochlorite, and muriatic acid.

The petitioner alleges that worker separations, or threats
thereof, were due to, "Occidental Chemical Corporation
manufactures chemicals including polyvinyl chloride resins,
chlorine, and caustic soda. The Company provides chemicals to
produce plastics, pharmaceuticals, and water treatment chemicals.
This company opened in Niagara Falls in 1906. The Buffalo News
reported the closing of Occidental Chemical Corp. in an article on
8/19/2021, resulting in the loss of 130 positions. The shutdown
was announced in a four-paragraph news release Thursday from
Dallas-based OxyChem."

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

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 sales
and/or production of commodity chemicals involving liquid
caustic soda, chlorine, hydrogen, sodium hypochlorite, and
muriatic acid by Occidental Chemical Corporation, Chlor-Alkali
Plant, Niagara Falls, New York have decreased absolutely.

Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles produced
by Occidental Chemical Corporation, Chlor-Alkali Plant, Niagara
Falls, New York have increased.

Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Occidental Chemical
Corporation, Chlor-Alkali Plant, Niagara Falls, New York.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department 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.

The Department has further determined that Section
246(a)(3)(A)(ii) (II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the workers' region.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Occidental Chemical
Corporation, Chlor-Alkali Plant, a wholly-owned subsidiary of
Occidental Petroleum Corporation, Niagara Falls, New York, who are
engaged in activities related to the production of commodity
chemicals involving liquid caustic soda, chlorine, hydrogen,
sodium hypochlorite, and muriatic acid, 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 Occidental Chemical Corporation, Chlor-Alkali
Plant, a wholly-owned subsidiary of Occidental Petroleum
Corporation, Niagara Falls, New York, who became totally or
partially separated from employment on or after August 30,
2020, 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 I
further determine that all workers of Occidental Chemical
Corporation, Chlor-Alkali Plant, a wholly-owned subsidiary of
Occidental Petroleum Corporation, Niagara Falls, New York,
are denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974,
as amended."

Signed in Washington, D. C. this 15th day of December, 2021



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance