DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,535

NORTH AMERICAN CONTAINER CORPORATION
FOND DU LAC, WISCONSIN


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 in 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 9, 2003, in
response to a petition filed by a State agency on behalf of
workers of North American Container Corporation, Fond du Lac,
Wisconsin. The workers at the subject firm produce shipping
containers.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to their firm
subject firm losing business as a supplier to a firm that shifted
production abroad, or was affected by increased imports. The
investigation revealed, however, that was not the case.


Conclusion
After careful review, I determine workers of North American
Container Corporation, Fond du Lac, Wisconsin are denied
eligibility to apply for adjustment assistance under section
223(b) of the Trade Act of 1974, as amended.
Signed at Washington, D.C., this 29th day of January, 2003.

/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance