DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,937

REXAM, INC.
D/B/A PRECISE TECHNOLOGY
PGH TOOL SHOP,
NORTH VERSAILLES, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

On June 14, 2006, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on June 26, 2006 (71 FR
36365).
The previous investigation initiated on March 1, 2006,
resulted in a negative determination issued on April 6, 2006,
based on the finding that imports of injection molded products
did not contribute importantly to worker separations at the
subject firm and no shift of production to a foreign source
occurred. The denial notice was published in the Federal
Register on April 18, 2006 (71 FR 19900).
To support the request for reconsideration, the petitioner
supplied additional information regarding production at the Tool
Shop at the subject facility and company imports of like or
directly competitive products with those produced at the Tool
Shop. Upon further contact with the subject firm’s company
official, it was revealed that workers employed at the Tool Shop
manufactured injection tools and were separately identifiable
from other workers at the subject firm.
Having conducted a detailed investigation on
reconsideration, it was revealed that the subject firm ceased
production of injection tools manufactured by the Tool Shop,
while increasing its reliance on imports of injection tools
during the relevant time period.
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 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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Rexam, Inc.,
d/b/a Precise Technology, Pgh Tool Shop, contributed importantly
to the declines in sales or production and to the total or
partial separation of workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Rexam, Inc., d/b/a Precise Technology, Pgh
Tool Shop, engaged in the production of injection tools, who
became totally or partially separated from employment on or
after February 28, 2005 through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."

Signed in Washington, D.C. this 28th day of September 2006.



/s/Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


4510-30-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,937

REXAM, INC.
d/b/a PRECISE TECHNOLOGY
NORTH VERSAILLES, PENNSYLVANIA

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, 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
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 March 1, 2006 in response
to a petition filed by a company official on behalf of workers at
Rexam, Inc., d/b/a Precise Technology, North Versailles,
Pennsylvania. The workers at the subject firm produce injection
molding products; they are separately identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import injection molded products, nor did it shift production
abroad during the relevant period.
The investigation further revealed that the subject plant will
cease operations on April 10, 2006.
The shutdown can be accounted for not by declining business,
but by the subject firm’s purchase by another company that led to
an integration process with other affiliated domestic facilities.
The subject firm’s production capability is underutilized and is
being shifted to affiliated domestic facilities to made production
more efficient.
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 Rexam,
Inc., d/b/a Precise Technology, North Versailles, Pennsylvania 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 6th day of April, 2006

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





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