Petitioner Type: Company
Impact Date: 10/22/2003
Filed Date: 10/25/2004
Most Recent Update: 11/24/2004
Determination Date: 11/24/2004
Expiration Date: 11/24/2006
Employment and Training Administration
TA-W-55,854
AMCOR PET PACKAGING
MERRIMACK, NEW HAMPSHIRE
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 October 25, 2004 in response
to a petition filed by a company official on behalf of workers at
Amcor PET Packaging, Merrimack, New Hampshire. The workers
produced plastic bottles and preforms.
The investigation revealed that production at the facility in
Merrimack is ceasing. Separations are due to a shift in production
of plastic bottles and preforms to Canada, a country that is party
to free trade agreements 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
commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production of
plastic bottles and preforms produced at Amcor PET Packaging, US-
PET-NA, Merrimack, New Hampshire to Mexico. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Amcor PET Packaging, Merrimack, New
Hampshire, who became totally or partially separated from
employment on or after October 22, 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."
I further determine that all workers of Amcor PET Packaging,
Merrimack, New Hampshire are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 24th day of November 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance