U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,753

CERF BROTHERS BAG CO., INC.
EARTH CITY, MISSOURI

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated January 13, 2007, a state
representative requested administrative reconsideration of the
Department of Labor’s Notice of Negative Determination Regarding
Eligibility to Apply for Worker Adjustment Assistance, applicable
to workers and former workers of the subject firm. The
determination was issued on February 16, 2007 and published in
the Federal Register on February 27, 2007 (72 FR 8795).
The negative determination was based on the Department’s
findings that that the petitioning workers of this firm or
subdivision do not produce an article within the meaning of
Section 222 of the Act.
The Department reviewed the request for reconsideration and
has determined that the petitioner has provided additional
information. Therefore, the Department will conduct further
investigation to determine if the workers meet the eligibility
requirements of the Trade Act of 1974.





Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 16th of March, 2007.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,753

CERF BROTHERS BAG CO., INC.
EARTH CITY, MISSOURI

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 investigation was initiated on January 12, 2007 in
response to a petition filed by a state agency representative on
behalf of workers of Cerf Brothers Bag Co., Inc., Earth City,
Missouri. Workers distribute products produced abroad.
The investigation revealed that workers of the subject
facility do not produce an article within the meaning of Section
222(a)(2) of the Act. In order to be considered eligible to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article domestically and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate subdivision.
The workers described above do not support a firm or appropriate
subdivision that produces an article domestically and thus the
worker group cannot be considered import impacted or affected by a
shift in production of an article.
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 the
investigation, I determine that all workers of the Cerf Brothers
Bag Co., Inc., Earth City, Missouri 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 16th day of February 2007

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





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