Petitioner Type: Union
Impact Date:
Filed Date: 02/04/2003
Most Recent Update: 05/12/2003
Determination Date: 05/12/2003
Expiration Date:
Employment and Training Administration
TA-W-50,771
SPARTECH CORPORATION
SPARTECH PLASTICS - CONNEAUT
CONNEAUT, OHIO
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate
subdivision of the firm, have become totally or partially
separated, or are threatened to become totally or
partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such workers'
separation or threat of separation and to the decline in
sales or production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country under
the Andean Trade Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an increase in imports
of articles that are like or directly competitive
with articles which are or were produced by such firm or
subdivision.
The investigation was initiated on February 4, 2003 in
response to a petition filed by the International Brotherhood of
Teamsters, Local 377 on behalf of workers at Spartech Corporation,
Spartech Plastics-Conneaut, Conneaut, Ohio. The workers produced
low and high-density polyethylene and polypropylene plastic sheets,
and are not separately identifiable by product line.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that there were no company imports
of low and high-density polyethylene and polypropylene plastic
sheets, nor was there a shift in production of low and high-density
polyethylene and polypropylene plastic sheets from the Conneaut,
Ohio plant to a foreign country during the period under
investigation.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of polyethylene plastic
sheets and rollstock for 2001-2002 and the first quarter of 2003.
The survey revealed no imports in the relevant period.
Conclusion
After careful review, I determine that workers producing low
and high-density polyethylene and polypropylene plastic sheets at
Spartech Corporation, Spartech Plastics-Conneaut, Conneaut, Ohio,
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 12th day of May 2003
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance