DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,913

BERRY PLASTICS CORPORATION
FORMERLY KNOWN AS COVALENCE PLASTICS
FLEXIBLE FILMS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM OPTIMIST
SANTA FE SPRINGS, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 February 27, 2008 in
response to a petition filed by a state agency representative on
behalf of workers at Berry Plastics Corporation, formerly known
as Covalence Plastics, flexible films industry, Santa Fe
Springs, California. The workers produced institutional plastic
can liners.
The worker group also consisted of on-site leased workers
from Optimist.
The investigation revealed that sales, production, and
employment at the subject firm declined during the relevant
period. The investigation also revealed that the subject firm
increased their imports of articles like or directly competitive
with institutional plastic can liners during the relevant
period.
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
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that increased imports of articles
like or directly competitive with institutional plastic can
liners produced by Berry Plastics Corporation, formerly known as
Covalence Plastics, Flexible Films Industry, Santa Fe Springs,
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 Berry Plastics Corporation, formerly known
as Covalence Plastics, Flexible Films Industry, Santa Fe
Springs, California, including on-site leased workers from
Optimist who became totally or partially separated from
employment on or after February 15, 2007 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C., this 11th day of March 2008

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