UNITED STATES DEPARTMENT OF LABOR Employment and Training Administration TA-W-96,787 BASF CORPORATION WEST MEMPHIS DISPERSIONS AND RESINS WEST MEMPHIS, ARKANSAS Certification Regarding Eligibility To Apply for Trade Adjustment Assistance for Workers In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor ("Department") herein presents the results of an investigation regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers. The investigation was initiated in response to a TAA petition dated March 11, 2021 and filed on March 12, 2021 by a Company Official, on behalf of workers and former workers of BASF Corporation, West Memphis Dispersions and Resins, West Memphis, Arkansas (hereafter referred to as the "worker group"). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦ inclusive of teleworkers and staffed workers." The worker group is engaged in activities related to the production of chemicals for various industrial applications and are not separately identifiable by product. The worker group was certified eligible to apply for TAA under TA-W-92,229. The certification expired on December 30, 2018. The petition alleged that worker separations, or threats thereof, were due to foreign trade because, "Products produced at this plant are being relocated to be produced in . . . Spain". During the course of the investigation, the Department collected information from the petitioner(s), the workers' firm, and other relevant sources. The group eligibility requirements for workers of a firm under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if the following criteria are met: Employment Criterion (1) A significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated. 20 C.F.R. 618.225(b)(2)(i)(B) states that an "analysis of separation data must generally consist of a: "(1) Comparison of employment on the petition date to employment on the date that is 1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual and threatened separations that occur, or are scheduled to occur, after the petition date." The Department determines that the employment criterion has been met. Shift/Acquisition Criterion (2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; or (II) such workers' firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of shift data must generally consist of a: (1) Comparison of shift/acquisition data on the petition date to shift/acquisition data that is 1 year prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period prior to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/ acquisition activity scheduled to occur after the petition date." The Department determines that the shift criterion has been met. Contributed Importantly Criterion (ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers' separation or threat of separation. Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a cause that is important but not necessarily more important than any other cause." According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis of impact of shift activity on worker separations must generally consist of determining: (1) Whether there are one or more events or factors that sever or lessen the causal nexus between the shift activity and worker separations or threat of separation; (2) What percentage of the workers' firm sales or production declines was attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility or facilities decreased at the same or at a greater rate than operations at the foreign facility or facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact of shift activity on the workers' firm. (B) The impact may be determined using a quantitative or qualitative analysis." The Department determines that the contributed importantly criterion has been met. Conclusion After careful review of the facts obtained in the investigation, I determine that workers of BASF Corporation, West Memphis Dispersions and Resins, West Memphis, Arkansas, who are engaged in activities related to the production of chemicals for various industrial applications meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification: "All workers of BASF Corporation, West Memphis Dispersions and Resins, West Memphis, Arkansas, who became totally or partially separated from employment on or after March 11, 2020 through two years from the date of certification, and all workers in the group threatened with total or partial separation from employment on the date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended." Signed in Washington, D.C. this 9th day of April, 2021. /s/ Del-Min Amy Chen _______________________ DEL-MIN AMY CHEN Certifying Officer, Office of Trade Adjustment Assistance