Petitioner Type: Company
Impact Date:
Filed Date: 10/16/2003
Most Recent Update: 11/21/2003
Determination Date: 11/21/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,262
GRAPHIC PACKAGING INTERNATIONAL, INC.
CARTON PLANT
FORT ATKINSON, WISCONSIN
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 producers 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 October 16, 2003 in
response to a petition filed by a company official on behalf of
workers at Graphic Packaging International, Inc., Carton Plant,
Fort Atkinson, Wisconsin. The workers at the subject firm produced
paperboard beer cartons.
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 producer to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case. The firms indicated on
the petition have not received a certification of eligibility to
apply for trade adjustment assistance benefits.
The investigation also revealed that the subject firm did
not shift production of its beer cartons abroad during the period
under investigation, nor does it import beer cartons.
The Department of Labor surveyed the subject firm's major
customer regarding its purchases of beer cartons in 2001, 2002 and
January through September 2003. The survey revealed negligible
imports during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Graphic
Packaging International, Inc., Carton Plant, Fort Atkinson,
Wisconsin are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 21st day of November 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance