DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-42,067

HUNTSMAN POLYMERS CORPORATION
UTILITIES DIVISION
ODESSA, TEXAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of October 16, 2002, a petitioner 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 October 7,
2002 and published in the Federal Register on November 5, 2002
(67 FR 67418).
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 initial investigation resulted in a negative
determination based on the finding that the subject firm workers
did not produce an article within the meaning of Section 222(3)
of the Trade Act of 1974. The affected workers managed water and
raw materials utilized in the various manufacturing processes
performed at the subject firm.
The petitioner alleges that the Utility Division was in
direct support of a Trade Adjustment Assistance (TAA) certified
facility (Huntsman Polymer Corporation, Odessa, Texas (TA-W-
39,780) and thus believes the worker group should be certified
eligible to receive TAA.
Upon examination of the initial investigation and further
contact with the company, it has been determined that only a
small portion of the work performed by the subject workers was
directed towards that certified TAA facility. The overwhelming
majority of the support activities were directed towards other
plant product lines, which are not under existing TAA
certifications.
The investigation further revealed that the Utilities
Division required the same number of workers whether it was at
full operating capacity or at a reduced operating level.
The dominant factor leading to the declines in employment at
Huntsman Polymers Corporation, Utilities Division, Odessa, Texas
was related to a "Feasibility Study" in which it was determined
that in order to reduce company costs, the Utilities Division
would be merged with another facility at the Odessa site.

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 23rd day of December, 2002.
/s/ Edward A. Tomchick

_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance