Petitioner Type: State
Impact Date: 04/27/2004
Filed Date: 04/28/2005
Most Recent Update: 05/27/2005
Determination Date: 05/27/2005
Expiration Date: 05/27/2007
Employment and Training Administration
TA-W-57,064
QUALIPAC AMERICA CORP.
INCLUDING LEASED WORKERS FROM
TUTTLE AGENCY OF NEW JERSEY
WAYNE, NEW JERSEY
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 April 28, 2005 in
response to a petition filed by a state representative on behalf
of workers at Qualipac America Corp., Wayne, New Jersey. The
workers at the subject firm produced plastic packaging for the
cosmetic industry.
The subject firm leased on-site workers from Tuttle Agency.
The investigation revealed that production and employment
at the subject firm declined during the relevant period.
The investigation further revealed that company imports of
plastic packaging for the cosmetic industry increased
significantly from 2003 to 2004 and from January to April 2005
compared to the same period in 2004.
In addition, in accordance with Section 246 of 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 packaging for the
cosmetic industry produced at Qualipac America Corp., Wayne, New
Jersey contributed importantly to the decline in sales or
production and to the total or partial separation of workers of
that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Qualipac America Corp., including on-site
leased workers from Tuttle Agency of New Jersey, Wayne, New
Jersey, who became totally or partially separated from
employment on or after April 27, 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 27th day of May, 2005
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance