Petitioner Type: Workers
Impact Date: 10/07/2001
Filed Date: 10/28/2002
Most Recent Update: 02/13/2003
Determination Date: 02/13/2003
Expiration Date: 03/26/2005
Employment and Training Administration
TA-W-42,310
INTEPLAST GROUP LTD.
INTEGRATED BAGGING SYSTEMS
LOLITA, TEXAS
Notice of Revised Determination
on Reconsideration
By application of February 21, 2003, petitioners requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on February 13, 2003, based on the finding
that imports of plastic bags did not contribute importantly to
worker separations at the Lolita plant. The denial notice was
published in the Federal Register on March 10, 2003 (68 FR
11409).
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review
and contact with the company, it was revealed that sales and
production did decline in the relevant period. As a result of
this finding, a customer survey which was conducted in the
original investigation became relevant to establishing import
impact. Results from this survey revealed that a major declining
customer increased their imports of plastic bags while decreasing
their purchases from the subject firm in the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Inteplast
Group, LTD., Integrated Bagging Systems, Lolita, Texas,
contributed importantly to the declines in sales or production
and to the total or partial separation of workers at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Inteplast Group, LTD., Integrated Bagging
Systems, Lolita, Texas, who became totally or partially
separated from employment on or after October 7, 2001
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."
Signed in Washington, D.C. this 26th day of March 2003.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,310
INTEPLAST GROUP LTD.
INTEGRATED BAGGING SYSTEMS
LOLITA, TEXAS
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.
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 October 28, 2002 in
response to a petition filed on behalf of workers at Inteplast
Group, LTD., Integrated Bagging Systems, Lolita, Texas. The
workers produced plastic bags.
The investigation revealed that criteria (2) and (3) have not
been met.
The investigation revealed that production at the subject firm
did not decline from 2000 to 2001, and also did not decline in
January through September 2002 compared to the same period in 2001.
The United States Department of Labor surveyed the subject
firm’s largest customer regarding their purchases of plastic bags
from 2000 through 2002. The survey revealed were no direct
imports, and the proportion of bags bought from domestic companies
that were manufactured abroad declined in 2002 compared with total
domestic purchases.
Conclusion
After careful review, I determine that all workers at
Inteplast Group LTD., Integrated Bagging Systems, Lolita Texas
engaged in employment related to the production of plastic bags are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 13th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance