DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,878

SMURFIT STONE CONTAINER CORPORATION
INCLUDING LEASED WORKERS OF
MANPOWER
ANDERSON, INDIANA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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. 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 May 11, 2004 in response to
a petition filed on behalf of workers of Smurfit Stone Container,
Anderson, Indiana. The workers at the subject firm produce
corrugated boxes. The workers are not separately identifiable.
The investigation revealed that criteria (a)(2)(A)(I.B),
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
The subject firm did not import corrugated boxes, nor did it
shift production to a foreign country during the relevant period.
Sales of the subject firm increased in 2003 compared with 2002
and in January through May 2004 compared with the same period of
2003.
The investigation revealed that separations at the Anderson
facility are attributable to the transfer of production of the
corrugated boxes to another domestic facility.
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 workers of Smurfit
Stone Container, Anderson, Indiana including leased workers of
Manpower working at Smurfit Stone Container, Anderson, Indiana are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 23rd day of June 2004.

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