Petitioner Type: Company
Impact Date:
Filed Date: 11/14/2005
Most Recent Update: 12/20/2005
Determination Date: 12/20/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,333
SONOCO PRODUCTS CO.
CHESTER, VIRGINIA
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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualifies as adversely
affected secondary workers as suppliers of component parts to a
firm or subdivision primarily affected by increased imports or a
shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or
(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
The investigation was initiated on November 14, 2005 in
response to a petition filed by company official on behalf of
workers at Sonoco Products Co., Chester, Virginia. The workers
produce paper tubes for the textile industry.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to the firm
losing business as a supplier to a primary firm that shifted
production abroad or was affected by increased imports. The
investigation revealed that the workers of the primary firm are
not certified eligible to apply for trade adjustment assistance.
Furthermore, the Department of Labor surveyed the subject
firm's major declining customer regarding its purchases of paper
tubes in 2003, 2004 and January through October 2005. The
survey revealed that the customer did not purchase imported
paper tubes during the relevant period.
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 Sonoco Products
Co., Chester, Virginia, do not qualify as adversely affected
secondary workers and are denied eligibility to apply for
adjustment assistance under section 223(b) 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 at Washington, D.C., this 20th day of December 2005.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance