TAW-58527 / Techpack America Cosmetic Packaging, LP (Morristown, TN)
Petitioner Type: Company
Impact Date: 12/20/2004
Filed Date: 12/21/2005
Most Recent Update: 01/24/2006
Determination Date: 01/24/2006
Expiration Date: 01/24/2008
TA-W-58,527
TECHPACK AMERICA COSMETIC PACKAGING
ASSEMBLY AND MOLDING OPERATIONS
A DIVISION OF ALCAN
MORRISTOWN, TENNESSEE
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 December 21, 2005 in response to a petition filed by a company official on behalf of workers of Techpack America Cosmetic Packaging, Assembly and Molding Operations, a division of ALCAN, Morristown, Tennessee. Workers in the Assembly and Molding Operations produce injection-molded plastic cosmetic packaging, specifically the stems for mascara brushes, and also do some assembly work. The workers in the subject group are separately identifiable from others employed at the facility.
The investigation revealed that employment and production of the subject worker group will decline absolutely upon the group’s cessation of operations, scheduled for January 30, 2006.
The subject firm is shifting all production of injection-molded plastic cosmetic packaging like or directly competitive with that produced by the subject worker group to Mexico. It is anticipated that the shift will be completed by January 30, 2006.
Mexico is party to a free trade agreement with the United States.
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.
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 Techpack America Cosmetic Packaging, Assembly and Molding Operations, a division of ALCAN, Morristown, Tennessee who became totally or partially separated from employment on or after December 20, 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 24th day of January 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance