DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-37,240

CHEVRON PRODUCTS COMPANY
ROOSEVELT, UTAH

Notice of Revised Determination
On Reopening

The Department of Labor reopened the petition investigation
for workers of the subject firm.
The TAA petition filed with the Department on behalf of
workers of Chevron Products Company, Roosevelt, Utah, was
initiated on February 4, 2000. The petition investigation
concluded that the subject firm did not produce an article and
therefore its workers were not eligible for certification. The
negative determination was issued on February 17, 2000, and
published in the Federal Register on March 17, 2000 (65 FR
12647).
However, the Department determines on reopening that because
Chevron Products Company, Roosevelt, Utah is a wholly owned
subsidiary of Chevron USA Production Company, the Department
finds that the workers' firm is actually Chevron USA Production
Company. The two firms constituted an integrated production
process the final products of which are crude oil and natural
gas. The Department, on July 6, 1999, issued a certification of
eligibility for workers of Chevron USA Production Company in
Utah, to apply for TAA (TA-W-36,295I). That certification was
supported by increased company imports of crude oil in January-
March 1999 compared to the same time period of 1998. Therefore,
the Department certifies the Chevron Products, Roosevelt, Utah
workers as eligible for assistance under TAA.
The same worker group had been denied eligibility to apply
for NAFTA-TAA under petition number NAFTA-3854. The United
States Court of International Trade (USCIT) remanded for further
investigation the Secretary of Labor's negative NAFTA-TAA
determination in Former Employees of Chevron Products Company v.
U.S. Secretary of Labor (00-08-00409). Further investigation in
that remand resulted in a negative decision. The USCIT again
remanded that petition denial for further investigation and
ordered the Department to again consider whether the workers lost
their jobs because of increased imports and whether the Chevron
Products Company workers could be determined eligible for NAFTA-
TAA, Secondarily Affected under the “Statement of Administrative
Action,” or TAA.
Although we conducted an additional investigation about
whether the Chevron Products workers were production workers, we
believe that our decision that Chevron Products is an appropriate
subdivision of Chevron USA moots both that inquiry and the
inquiry into whether the workers qualify as secondary workers
under the Statement of Administrative Action. Since the workers
were a part of a firm which produces an article, crude oil and
natural gas, under Labor's existing rules, the characterization
of the workers as production or service workers becomes
irrelevant because that distinction only arises in cases where
the workers are employed by separate firms. Similarly, since the
workers are part of the firm that produced the article, they
cannot be secondary workers, who, by definition, are employed by
separate firms.
Conclusion
After careful consideration of the new facts obtained on
reopening, it is concluded that increased imports of articles
like or directly competitive with crude oil produced by Chevron
Products Company in Roosevelt, Utah, contributed importantly to
the decline in sales or production and to the total or partial
separation of workers of the subject firm.
In accordance with the provisions of the Trade Act of 1974,
I make the following revised determination:
"All workers of Chevron Products Company, Roosevelt, Utah,
who became totally or partially separated from employment on
or after January 4, 1999, through two years from the date of
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."

Signed in Washington, D.C., this 2nd day of September 2003


/s/ Richard Church
___________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-37,240

CHEVRON PRODUCTS COMPANY
ROOSEVELT, UTAH

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as
amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the
Department of Labor herein presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition received on January 10,
2000 and filed on behalf of workers at Chevron Products Company, Roosevelt, Utah. The
workers lift and transport crude oil.
The investigation revealed that the workers of Chevron Products Company,
Roosevelt, Utah, do not produce an article within the meaning of Section 223(3) of the Act.
The Department of Labor has consistently determined that the performance of services
does not constitute production of an article, as required by Section 222 of the Trade Act of
1974, and this determination has been upheld in the U. S. Court of Appeals.


Workers of the subject firm may be certified only if their separation was caused
importantly by a reduced demand for their services from a parent firm, a firm otherwise
related to the subject firm by ownership, or a firm related by control. Additionally, the
reduction in demand for services must originate at a production facility whose workers
independently meet the statutory criteria for certification and the reduction must directly
relate to the product impacted by imports. These conditions have not been met for workers
at the subject firm.
Conclusion
After careful review, I determine that all workers of Chevron Products Company,
Roosevelt, Utah, are denied eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.

Signed in Washington, D. C. this 17th day of February, 2000
/s/ Grant D. Beale
______________________________
GRANT D. BEALE
Program Manager, Division of
Trade Adjustment Assistance