DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,028

PLIANT CORPORATION
MERCED, CALIFORNIA

Notice of 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, 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 March 3, 2003 in response
to a petition filed by a company official on behalf of workers at
Pliant Corporation, Merced, California. The workers produce
P.V.C. food film and winwrap-stretch film. The workers are
separately identifiable by product.
It has been determined with respect to workers engaged in
employment related to the production of winwrap-stretch film at
Pliant Corporation, Merced, California, that criteria I.C. and
II.B. have not been met.
The Department of Labor surveyed the major customer(s) of
the subject firm regarding their purchases of winwrap-stretch
film during 2001, 2002 and January through February 2003. The
survey revealed that the customer(s) did not import products like
or directly competitive with those purchased from the subject
firm.
The investigation further revealed that the subject firm did
not import winwrap-stretch film, nor did they shift plant
production to a foreign source.
It has been determined with respect to workers engaged in
the production of P.V.C. food film at Pliant Corporation, Merced,
California that all criteria have been met.
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of P.V.C.
food film to a country (Canada) that is a party to a free trade
agreement with the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production of
P.V.C. food film from the workers firm or subdivision to Canada
of articles that are like or directly competitive with those
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Pliant Corporation, Merced, California
engaged in employment related to the production of P.V.C.
food film, who became totally or partially separated from
employment on or after February 27, 2002 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974." and



"I further determine that all workers at Pliant Corporation,
Merced, California engaged in employment related to the
production of winwrap-stretch film, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Signed in Washington, D.C. this 11th day of April 2003


/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance