Denied
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TAW-59167  /  Tredegar Film Products (Lagrange, GA)

Petitioner Type: Union
Impact Date:
Filed Date: 04/06/2006
Most Recent Update: 06/05/2006
Determination Date: 06/05/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,167

TREDEGAR FILM PRODUCTS
LAGRANGE, GEORGIA

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' 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 April 6, 2006, in response
to a petition filed on behalf of workers at Tredegar Film Products,
LaGrange, Georgia. The workers of the subject firm produce plastic
film.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) were not met.
The investigation revealed that the subject firm did not
increase its imports of plastic film from 2004 to 2005, nor during
the period of January through March 2006 when compared to the same
period in 2006.
The investigation further revealed that the subject firm did
shift production of plastic film to a European location for a brief
period in 2005, but the products resulting from that shift were not
imported back into this country.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of plastic film in
2004, 2005 and January through April 2005 over the corresponding
2005 period. The survey revealed no imports of plastic film during
the relevant period.
The original petition included the following three allegations
believed to support certification in this case:
(1) The petitioners stated that the subject firm lost
business with a foreign-based plant to which the subject
firm had exported products. However, this would not be a
basis for certifying subject firm workers since sales
made to a foreign plant cannot be considered as adversely
affecting workers as import impacted;
(2) The petitioners stated that production of certain product
lines was shifted to European countries. A company
spokesman stated that such a shift of production had
taken place for a short time in 2005, but those products
were not imported back into this country, and those
products are now being manufactured in one of the
company's other domestic plants; and
(3) The petitioners stated that production capacity for one
line at the subject facility is scheduled to be shifted
to an offshore facility and the resulting production will
be used in components of products imported back into this
country. A company spokesman stated there are no plans
to shift production of that line to any offshore
location. He went on to state that if any production
were shifted offshore, it would not be imported back into
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 workers of Tredegar
Film Products, LaGrange, Georgia, 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 5th day of June, 2006


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