DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,934

PHILLIPS PLASTICS CORPORATION
OPERATIONS CENTER
EAU CLAIRE, WISCONSIN

Notice of Revised Determination
on Reconsideration

By application of February 18, 2004, the petitioner
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on January 14, 2004, based on the finding
that the petitioning workers did not produce an article within
the meaning of Section 222 of the Act. The denial notice was
published in the Federal Register on February 6, 2004 (69 FR
5866).
Pursuant to the receipt of the request for reconsideration,
and upon contact with the company official, it has become
apparent that workers of Phillips Plastics Corporation,
Operations Center, Eau Clair, Wisconsin provided accounting,
human resources and information technology services to affiliated
facilities. It was further revealed that the worker separations
from the subject firm were caused by a reduced demand for their
services from several subdivisions whose workers produce an
article and who are currently under certification for TAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Phillips Plastics
Corporation, Operations Center, Eau Clair, Wisconsin qualify as
adversely affected secondary workers under Section 222 of the
Trade Act of 1974. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Phillips Plastics Corporation, Operations
Center, Eau Clair, Wisconsin, who became totally or partially
separated from employment on or after December 31, 2002 through
two years from the date of this certification, are eligible to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974."

Signed in Washington, D.C. this 18th day of March 2004.

/s/ Richard Church
________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,934

PHILLIPS PLASTICS CORPORATION
EAU CLAIRE, WISCONSIN


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 investigation was initiated on January 5, 2004 in response
to a petition filed on behalf of workers at Phillips Plastics
Corporation, Eau Claire, Wisconsin. Workers at the subject
facility are engaged in accounting, human resources and information
technology services.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222 of the Act. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by Section 222 of
the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, the reduction in demand for services must originate at a
production facility whose workers independently meet the statutory
criteria for certification, and the reduction must directly relate
to the product impacted by imports. These conditions have not been
met for workers at this facility.
Conclusion
After careful review, I determine that all workers of Phillips
Plastics Corporation, Eau Claire, Wisconsin are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 14th day of January 2004.
/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance