Agrium U.S., Inc., Kenai Nitrogen Operation, Kenai, AK; Notice of Revised Determination on Reconsideration, 2946 [E8-590]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 73, Number 11 (Wednesday, January 16, 2008)]
[Notices]
[Page 2946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-590]



[[Page 2946]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,220]


Agrium U.S., Inc., Kenai Nitrogen Operation, Kenai, AK; Notice of 
Revised Determination on Reconsideration

    By application of December 7, 2007 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) and 
Alternative Trade Adjustment Assistance (ATAA).
    The initial investigation resulted in a negative determination 
signed on October 29, 2007, was based on the finding that imports of 
anhydrous ammonia and urea did not contribute importantly to worker 
separations at the subject plant and no shift of production to a 
foreign source occurred. The denial notice was published in the Federal 
Register on November 15, 2007 (72 FR 64247).
    In the request for reconsideration, the petitioner provided 
additional information regarding the subject firm's domestic production 
of anhydrous ammonia and urea and a shift in this production to a 
foreign country.
    The Department reviewed the findings in the initial investigation 
and new information presented in the reconsideration. It was revealed 
that employment and production of anhydrous ammonia and urea declined 
at Agrium U.S., Inc., Kenai Nitrogen Operation, Kenai, Alaska during 
January through August 2007 over the corresponding 2006 period. The 
investigation further revealed that the company increased imports of 
anhydrous ammonia and urea during the same time period.
    In accordance with Section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of Section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of Section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.
    The workers were under an existing TAA/ATAA certification that 
expired on April 12, 2007.

Conclusion

    After careful review of the facts obtained in the investigation, I 
determine that increases of imports of anhydrous ammonia and urea, 
produced by Agrium U.S., Inc., Kenai Nitrogen Operation, Kenai, Alaska, 
contributed importantly to the total or partial separation of workers 
and to the decline in sales or production at that firm or subdivision. 
In accordance with the provisions of the Act, I make the following 
certification:

    All workers of Agrium U.S., Inc., Kenai Nitrogen Operation, 
Kenai, Alaska, who became totally or partially separated from 
employment on or after April 13, 2007, through two years from the 
date of this certification, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, and are 
eligible to apply for alternative trade adjustment assistance under 
Section 246 of the Trade Act of 1974.

    Signed at Washington, DC, this 8th day of January, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-590 Filed 1-15-08; 8:45 am]
BILLING CODE 4510-FN-P