DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-61,598

PENN-PLAX, INC.
HAUPPAUGE, NEW YORK

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 in response to a petition
received on May 31, 2007 and filed on behalf of workers at Penn-
Plax, Inc., Hauppauge, New York. The workers were engaged in
functions related to warehousing, packaging and distribution of
plastic pet products.
The investigation revealed that Penn-Plax, Inc., Hauppauge,
New York does 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 produced an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
petitioning workers of Penn-Plax, Inc., Hauppauge, New York do
not support a firm or appropriate subdivision that produces an
article domestically and thus the worker group can not 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 assis-
tance (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 all workers of Penn-
Plax, Inc., Hauppauge, New York 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 19th day of June 2007.


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