DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,610

SILGAN CONTAINERS MANUFACTURING CORPORATION
MCF-451 DIVISION
OCONOMOWOC, WISCOSIN

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 February 21, 2005 in
response to a petition filed on behalf of workers of Silgan
Containers Manufacturing Corporation, MCF-451 Division,
Oconomowoc, Wisconsin. The workers produce metal sanitary can
ends used in the food industry.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
Sales of metal sanitary can ends by Silgan Containers
Manufacturing increased from 2003 to 2004.
Imports of metal sanitary can ends by the subject firm are
relatively minor, have declined in the relevant period, and have
not significantly affected employment at the subject plant.
Separations at the Oconomowoc plant are attributable to the
shift in production of can ends to other domestic locations of
the company. Changes in customer preferences away from the type
of product manufactured at the Oconomowoc plant contributed to
the company's business decision to transfer the production to
other facilities.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Silgan Containers
Manufacturing Corporation, MCF-451 Division, Oconomowoc,
Wisconsin are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974 and are
also denied eligibility to apply for alternative trade
adjustment assistance under Section 226 of the Trade Act of
1974.
Signed in Washington, D.C., this 1st day of April 2005.

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance