DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,928

NORANDAL USA INCORPORATED
SALISBURY, NORTH CAROLINA

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 group eligibility requirements for
directly-impacted (primary) workers under Section 222(a)
the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be
satisfied:
A. a significant number or proportion of the workers
in such workers' firm, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become
totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to
the decline in sales or production of such firm or
subdivision; or

II. Section (a)(2)(B) both of the following must be
satisfied:

A. a significant number or proportion of the workers
in such workers' firm, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become
totally or partially separated;
B. there has been a shift in production by such
workers' firm or subdivision to a foreign country
of articles like or directly competitive with
articles which are produced by such firm or
subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has
shifted production of the articles is a party
to a free trade agreement with the United
States;
2. the country to which the workers' firm has
shifted production of the articles is a
beneficiary country under the Andean Trade
Preference Act, African Growth and Opportunity
Act, or the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an increase
in imports of articles that are like or
directly competitive with articles which are or
were produced by such firm or subdivision.

The investigation was initiated on August 25, 2008, in
response to a petition filed by a company official on
behalf of the workers of Norandal USA Incorporated,
Salisbury, North Carolina. The workers produce aluminum
foil.
The investigation revealed that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
The petitioner described in the petition form the
decline in business and asserted that workers at a sister
plant, Norandal USA Incorporated, Newport Arkansas
Operations, were approved for trade adjustment assistance.
The investigation revealed that Norandal USA
Incorporated in Salisbury, North Carolina and the Newport
Arkansas Operations did not share the same customers.
The investigation revealed that the subject firm did
not import aluminum foil or shift production of those
articles to a foreign country during the relevant period.
The Department of Labor surveyed the subject firm's
major declining customers regarding purchases of rolled
aluminum foils in 2006, 2007, and January through July
2008. The survey revealed that there were no increased
import purchases during the relevant period.
The investigation revealed that U.S. total imports of
aluminum foil (rolled) declined from 2006 to 2007 and
declined in January through June 2008 when compared to the
same time period the previous year. No industry wide
production figures were available for comparison.
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 during this
investigation, I determine that workers of Norandal USA
Incorporated, Salisbury, North Carolina, 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 September 2008

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