DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,519

OWENS-ILLINOIS HEALTHCARE PACKAGING
A DIVISION OF THE OWENS-ILLINOIS, INC.
SULLIVAN, INDIANA

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' facility, or an appropriate subdivision of the
facility, have become totally or partially separated, or
are threatened to become totally or partially separated;
B. the sales or production, or both, of such facility or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such facility or subdivision
have contributed importantly to such workers' separation
or threat of separation and to the decline in sales or
production of such facility 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' facility, or an appropriate subdivision of the
facility, 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'
facility or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such facility or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' facility 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' facility 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 facility or subdivision.

The investigation was initiated on July 8, 2005 in response to
a petition filed by the Glassblowers, Pottery, Plastic, and Allied
Workers Local 66, on behalf of workers at Owens-Illinois Healthcare
Packaging, a division of the Owens-Illinois, Inc., Sullivan,
Indiana. The workers produce plastic bottles for pharmaceutical
and veterinary markets.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not shift production of plastic bottles
for pharmaceutical and veterinary markets from the Sullivan, Ohio
facility to a foreign country in 2003, 2004, or January through
June of 2005, nor did it import these plastic bottles during the
above period.
The United States Department of Labor conducted a survey of
the subject firm's major declining customers regarding their
purchases of plastic bottles for pharmaceutical and veterinary
markets in 2003, 2004 and January through June 2005. The surveys
determined that there were no foreign purchases during the relevant
period.
The major cause of separations at the subject facility is the
transfer of production to other Owens-Illinois facilities in the
United States.
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, I determine that all workers of Owens-
Illinois Healthcare Packaging, a division of Owens-Illinois, Inc.
Sullivan, Indiana 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 16th day of August 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance