Petitioner Type: Workers
Impact Date: 08/28/2003
Filed Date: 10/04/2004
Most Recent Update: 11/02/2004
Determination Date: 11/02/2004
Expiration Date: 11/02/2006
Employment and Training Administration
TA-W-55,725
TUPPERWARE U.S., INC.
INCLUDING ON-SITE LEASED WORKERS FROM THE HOLLAND GROUP
HEMINGWAY, SOUTH CAROLINA
Certification 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 its 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)(A) of Section 222 have been met.
The investigation was initiated on October 4, 2004, in
response to a petition filed on behalf of workers at Tupperware
U.S., Inc., Hemingway, South Carolina. The workers at the
subject firm produce plastic food storage, preparation, and
serving implements; they are not separately identifiable.
Tupperware U.S., Inc., Hemingway, South Carolina, also
leased workers from The Holland Group.
The investigation revealed that sales, production, and
employment at the subject firm declined absolutely during the
period of 2002 to 2003 and from January through September of
2004, when compared to the same period in 2003.
The investigation further revealed that during the period
of January through September 2004, when compared to the same
time period of 2003, company imports of plastic food storage,
preparation, and serving implements declined absolutely but
increased relative to company sales.
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 group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the facility are age 50
or over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with plastic food storage,
preparation, and serving implements produced at Tupperware U.S.,
Inc., Hemingway, South Carolina contributed importantly to the
total or partial separation of workers and to the decline in
production and at that firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Tupperware U.S., Inc., including on-site
leased workers from The Holland Group, Hemingway, South
Carolina, who became totally or partially separated from
employment on or after August 28, 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 are also eligible to apply for alternative trade
adjustment assistance under section 246 of the Trade act of
1974."
Signed in Washington, D. C. this 2nd day of November, 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance