DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,424

TOTER INCORPORATED
INCLUDING LEASED WORKERS OF
ACCURATE,VENTURI,STAFFMASTERS USA
STATESVILLE, NORTH CAROLINA

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)(B) of
Section 222 have been met.
The investigation was initiated on June 21, 2005, in response
to a petition filed by a company official on behalf of workers at
Toter Incorporated, Statesville, North Carolina. The workers
produce plastic refuse containers. Some workers at the site were
leased from the Accurate, Venturi, and Staffmasters USA agencies.
The investigation revealed that a shift in production from the
subject facility to a country (Mexico) under a free trade agreement
with the United States occurred during the period of investigation.
Layoffs occurred as a result of this shift in production.
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 addition, 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.
The investigation revealed that 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 conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:




"All workers of Toter Incorporated, Statesville, North
Carolina, including leased workers from the Accurate, Venturi,
and Staffmasters USA agencies, who became totally or partially
separated from employment on or after June 14, 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 30th day of June, 2005.


/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance