DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,023

NATION FORD CHEMICAL COMPANY, INC.
FORT MILL, SOUTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of January 31, 2001, the company, requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on December 12,
2001 and published in the Federal Register on December 26, 2001
(66 FR 66426).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or


(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The TAA petition, filed on behalf of workers at Nation Ford
Chemical Company, Inc., Fort Hill, South Carolina engaged in
administrative activities was denied because the worker group did
not produce an article within the meaning of Section 222(3) of the
Act.
The company alleges that further layoffs of production,
maintenance and warehouse personnel occurred after the negative
determination was issued.
During the initial decision, there was no indication that a
threat of additional layoffs was imminent and therefore the
investigation focused on the worker group engaged in
administrative functions. The workers terminated after the date
of the decision, were terminated beyond the relevant period of
the investigation. Since conditions may have changed, a new TAA
petition can be filed on behalf of the worker group so the
Department can initiate a new investigation that would consider a
potentially impacted worker group engaged in production of an
article.
The petitioner further alleges that they believe imports
contributed to the layoffs at the subject firm.
Before the Department examines if imports contributed
importantly to the layoffs at the subject plant, it is imperative
that worker group impacted be identified as engaged in the
production of an article.


Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.

Signed at Washington, D.C., this 1ST day of April, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,023

NATION FORD CHEMICAL COMPANY, INC
FORT MILL, SOUTH CAROLINA

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 on September 17, 2001, in response to a
petition filed on behalf of workers of Nation Ford Chemical Company, Inc.,
Fort Mill, South Carolina. The subject firm employed the petitioning workers
in an administrative capacity.
The investigation revealed that the workers of the subject firm did not
produce an article within the meaning of Section 223(3) of the Trade Act of
1974. The Department of Labor has consistently determined that the
performance of services does not constitute production of an article, as
required by the Trade Act of 1974, and this determination has been upheld in
the U. S. Court of Appeals.


Workers of the subject facility 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 facility.


Conclusion
After careful review, I determine that all workers at Nation Ford
Chemical Company, Inc., Fort Mill, South Carolina, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of December 2001


/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance