DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,560

BAYER CORPORATION
CONSUMER CARE DIVISION
ELKHART, INDIANA

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 eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or subdi-
vision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or appro-
priate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

 The investigation was initiated on January 16, 2001 in
response to a petition filed by United Steelworkers of America,
Local 12273, on behalf of workers at Bayer Corporation, Consumer
Care Division, Elkhart, Indiana. The workers produce effervescent,
digestive relief, nutritional and skin preparation products.
The company has decided to permanently close the Consumer Care
Division at its Elkhart, Indiana plant.
With respect to production of effervescent products, the
investigation revealed that criterion (3) has not been met.
A transfer of production of effervescent products to a foreign
company facility is scheduled to begin in April 2001. The company
is not yet able to estimate when company imports due to this
transfer will start to arrive.
According to a company official, the decline in sales of
effervescent products was due to the voluntary withdrawal of
products affected by a finding of the Food and Drug Administration
and not due to import competition.
With respect to production of nutritional products, the
investigation revealed that criteria (1) and (3) have not been met.
Manufacturing employment in nutritional products increased in
2000 compared to 1999.
The first layoff of these workers is not scheduled to occur
until March 31, 2001, more than 60 days from the date of the
institution of the petition.
In addition, the majority of the production of these products
will be transferred to a third party contractor in the U.S.
All other products produced by the company's Consumer Care
Division at the Elkhart, Indiana facility will be transferred
either to domestic or foreign facilities however any company
imports resulting from a transfer to a foreign facility have not
begun to arrive.
Conclusion
After careful review, I determine that all workers of Bayer
Corporation, Consumer Care Division, Elkhart, Indiana are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D. C. this 20th day of February, 2001


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance