DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,360

SMURFIT STONE CONTAINER CORPORATION
CONTAINER DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
OCCUPATIONS UNLIMITED, WESTAFF, HW TEMPS, MENTOR 4, AND
NEED PERSONNEL
MANSFIELD, MASSACHUSETTS

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 May 9, 2006 in response to
a petition filed on behalf of workers at Smurfit Stone Container
Corporation, Container Division, Mansfield, Massachusetts. The
workers at the subject firm produce corrugated paper, wood and foam
packaging; they are not separately identifiable by articles
produced.
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 corrugated papers, wood, and foam packaging during 2004,
2005, or January through April 2006 nor did it shift production to
a foreign country.

The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of corrugated paper,
wood, and foam packaging during 2004, 2005 and January through
April 2006 over the corresponding 2005 period. The survey revealed
that the subject firm's major declining customers did not import
corrugated paper, wood, and foam packaging during the relevant
period.
The investigation revealed that the subject firm also leased
workers from Occupations Unlimited, Westaff, HW Temps, Mentor 4,
and NEED Personnel to produce corrugated paper, wood, and foam
packaging.
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 this
investigation, I determine that all workers of Smurfit Stone
Container Corporation, Container Division, including on-site leased
workers of Occupations Unlimited, Westaff, HW Temps, Mentor 4, and
NEED Personnel, Mansfield, Massachusetts are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974 and 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