DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,247
MENASHA PACKAGING COMPANY, LLC
NEENAH, WISCONSIN

TA-W-57,247A
MENASHA PACKAGING COMPANY, LLC
HARTFORD, WISCONSIN

Negative Determinations 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 May, 24, 2005 in response
to a petition filed by state workforce agent on behalf of workers
of Menasha Packaging Company, LLC, Neenah, Wisconsin and Menasha
Packaging Company, LLC, Hartford, Wisconsin. The workers produce
corrugated packaging and displays, and are not separately
identifiable by product.
The investigation revealed that in the case of the Neenah
facility, criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met.
The Neenah facility did not import corrugated packaging and
displays in 2003, 2004 or January through April of 2005, nor did
it shift production abroad in the same periods.
The subject firm increased its sales and production in January
through April 2005 compared with the same period one year earlier.
The Department of Labor surveyed the Neenah facility's major
customers who had reduced their purchases of corrugated packaging
and displays from the subject firm in 2004 compared with 2003. The
survey revealed no customer imports.
In the case of the Hartford facility, the investigation
revealed that criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not
been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Menasha Packaging
Company, LLC, Neenah, Wisconsin and Menasha Packaging Company, LLC,
Hartford, 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 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 1st day of July 2005.

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