Certified
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TAW-60227  /  Amcor Pet Packaging (Erie, PA)

Petitioner Type: Workers
Impact Date: 10/09/2005
Filed Date: 10/10/2006
Most Recent Update: 10/31/2006
Determination Date: 10/31/2006
Expiration Date: 10/31/2008

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,227

AMCOR PET PACKAGING
A SUBSIDIARY OF AMCOR LIMITED
INCLUDING ON-SITE LEASED WORKERS OF KELLY SERVICES
ERIE, PENNSYLVANIA

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, 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 October 10, 2006, in
response to a petition filed on behalf of workers of Amcor PET
Packaging, a subsidiary of Amcor Limited, Erie, Pennsylvania.
The workers produce plastic preforms for bottling companies.
Amcor PET Packaging also leased workers from Kelly Services
to produce plastic preforms at the Erie site.
The decline in employment at the subject firm is related to
a shift in plant production of plastic preforms to a country
(Canada) that 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 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 (2) has not
been met.
The investigation revealed that the worker group at the
subject firm does not qualify for Alternative Trade Adjustment
Assistance. The skills of the worker group are easily
transferable to other positions in the local area.
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 Canada of articles that
are like or directly competitive with plastic preforms produced
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Amcor PET Packaging, a subsidiary of Amcor
Limited, Erie, Pennsylvania and leased workers of Kelly
Services, Erie Pennsylvania who became totally or partially
separated from employment on or after October 9, 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 Amcor PET Packaging, a subsidiary of Amcor
Limited, Erie, Pennsylvania 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 31st day of October, 2006


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