DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,582

SMURFIT STONE
EL PASO, TEXAS

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)(A) of Section 222 have been met.
The investigation was initiated on December 18, 2007 in
response to a petition filed by the workers of Smurfit Stone,
El Paso, Texas. The workers produce corrugated cartons
(boxes).
The investigation revealed that employment at the subject
firm declined in January through November 2007, when compared
to January through November 2006.
Sales of corrugated cartons at the subject firm declined
from January through November 2007, when compared to January
through November 2006.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of corrugated
cartons in 2005, 2006 and January through November 2007. The
surveys revealed increased import purchases of corrugated
cartons while reducing purchases from the subject firm.
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 group eligibility
requirements of Section 246 of the Trade Act must be met.
The group criteria for ATAA program that the Department
must considered under the Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
subject 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 workers at the subject firm possess skills that are
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of
articles like or directly competitive with corrugated cartons
produced by Smurfit Stone, El Paso, Texas, 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 Smurfit Stone, El Paso, Texas, who became
totally or partially separated from employment on or
after December 11, 2006 through two years from the date
of certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974;"
and
I further determine that all workers of Smurfit Stone, El
Paso, Texas, 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 6th day of March 2008

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance