Denied
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TAW-50458  /  Smurfit-Stone Container Corporation (Spartanburg, SC)

Petitioner Type: Company
Impact Date:
Filed Date: 01/03/2003
Most Recent Update: 03/10/2003
Determination Date: 03/10/2003
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,458

SMURFIT-STONE CONTAINER CORPORATION
CORRUGATED CONTAINER DIVISION
SPARTANBURG, SOUTH CAROLINA

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, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers' firm;
or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on January 3, 2003, in
response to a petition filed by a company official on behalf of
workers at Smurfit-Stone Container Corporation, Corrugated
Container Division, Spartanburg, South Carolina. The workers at
the subject firm produced corrugated packaging.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports of garments or textile
goods. The investigation revealed, however, that this was not the
case.
The Department of Labor has determined that corrugated
packaging is not a component of garments or other textile goods.


Conclusion
After careful review, I determine workers of Smurfit-Stone
Container Corporation, Corrugated Container Division, Spartanburg,
South Carolina, are denied eligibility to apply for adjustment
assistance under section 223(b) of the Trade Act of 1974.
Signed at Washington, D.C., this 10th day of March, 2003.

/s/ Linda G. Poole

__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance