Petitioner Type: Workers
Impact Date: 02/04/2004
Filed Date: 02/04/2005
Most Recent Update: 03/09/2005
Determination Date: 03/09/2005
Expiration Date: 03/09/2007
Employment and Training Administration
TA-W-56,499
WALLACE PACKAGING, INC.
BAY SHORE, NEW YORK
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 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)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on February 4, 2005, and filed by the company on behalf of
workers at Wallace Packaging, Inc., Bay Shore, New York. The
workers produce set-up boxes and vacuum form platforms.
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of set-
up boxes and vacuum form platforms during 2002, 2003, and 2004.
The survey revealed that major customers increased their purchases
of imported set-up boxes and vacuum form platforms, while
decreasing their purchases from the subject firm during the
relevant time period.
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 firm 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 set-up boxes and vacuum form
platforms produced at Wallace Packaging, Inc., Bay Shore, New York,
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Wallace Packaging, Inc., Bay Shore, New York,
who became totally or partially separated from employment on
or after February 4, 2004, 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 9th day of March 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance