DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,170

FMC CORPORATION
ACTIVE OXIDANTS DIVISION
TONAWANDA, NEW YORK

Negative Determination Regarding Eligibility
To Apply for Workers 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
subdivision have decreased absolutely; and

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



The investigation was initiated on September 23, 2002 in
response to a petition filed by the United Food and Commercial
Workers International Union, Local 76C, on behalf of workers at
FMC Corporation, Active Oxidants Division, Tonawanda, New York.
The workers are engaged in employment related to the production
of persulfates.
This investigation revealed that criterion (3) has not been
met.
A Department of Labor survey revealed that major domestic
customers of the subject firm did not significantly increase
their purchases of imported persulfates while decreasing
purchases from the subject firm.
Conclusion
After careful review, I determine that all workers of FMC
Corporation, Active Oxidants Division, Tonawanda, New York are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of November 2002

/s/ Richard Church

__________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance