DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,910

ALLIED POLY INDUSTRIES, INC.
HAYWARD, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 its 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)(A) of
Section 222 have been met.
The investigation was initiated on August 15, 2006 in response
to a petition filed by the California State Workforce Office on
behalf of workers at Allied Poly Industries, Inc., Hayward,
California. The workers produce plastic bags.
The investigation revealed that sales and employment at the
subject firm declined in the relevant time period.
The Department of Labor surveyed the major customer of Allied
Poly Industries regarding its purchase of plastic bags in 2004,
2005, and January-July 2006. The survey revealed that the customer
increased imports of plastic bags while decreasing purchases from
the subject firm 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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 1 has not been
met.
The investigation revealed that there are not a sufficient
number of workers in the workers' firm who are 50 years of age or
older.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with plastic bags produced at Allied
Poly Industries, Inc., Hayward, California contributed importantly
to the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Allied Poly Industries, Inc., Hayward,
California, who became totally or partially separated from
employment on or after August 3, 2005 through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
I further determine that all workers of Allied Poly
Industries, Inc., Hayward, California, are denied eligibility
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/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance