DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,284

PECHINEY PLASTIC PACKAGING, INC.
CEBAL AMERICA'S DIVISION
WASHINGTON, NEW JERSEY

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on February 18, 2004 in
response to a petition filed by a state workforce agency
representative on behalf of workers at Pechiney Plastic Packaging,
Inc., Cebal America's Division, Washington, New Jersey. The
workers at the subject firm produce plastic and laminate tubes. The
workers are separately identifiable by product line.
The investigation revealed that sales, production and
employment at the subject firm declined from 2002 to 2003 and again
during the period from January through February 2004 when compared
to the same period in 2003.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of plastic and
laminate tubes to a country (Mexico and Canada) that is a party to
a free trade agreement with the United States.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not been
met.
The investigation revealed that the skills of the worker group
are easily transferable to other positions in the local area.

Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico and 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 Pechiney Plastic Packaging, Inc., Cebal
America's Division, Washington, New Jersey engaged in the
production of plastic and laminate tubes who became totally or
partially separated from employment on or after February 5,
2003 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 of Pechiney Plastic
Packaging, Inc., Cebal America's Division, Washington, New
Jersey engaged in the production of plastic and laminate tubes
are denied eligibility for Alternative Trade Adjustment
Assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 9th day of March 2004.

/s/ Elliott S. Kushner


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