Petitioner Type: Company
Impact Date:
Filed Date: 09/22/2008
Most Recent Update: 10/03/2008
Determination Date: 10/03/2008
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,088
REXAM CLOSURE SYSTEMS, INC.
BOWLING GREEN, OHIO
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated October 22, 2008, the International
Union, United Automobile, Aerospace and Agricultural Implement
Workers of America, Region 2-B, requested administrative
reconsideration of the negative determination regarding workers’
eligibility to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) applicable to
workers and former workers of the subject firm. The
determination was issued on October 3, 2008. The Notice of
Determination was published in the Federal Register on October
20, 2008 (73 FR 62323).
The initial investigation resulted in a negative
determination based on the finding that imports of plastic
closures for plastic food industry packaging did not contribute
importantly to worker separations at the subject firm and no
shift of production to a foreign source occurred.
In the request for reconsideration, the petitioner provided
additional information pertaining to a shift in subject plant
production of plastic closures for plastic food industry
packaging to China and requested further investigation of import
impact as it relates to declining subject plant production of
plastic closures for plastic food industry packaging.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
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
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 13th day of November 2008.
/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-64,088
REXAM CLOSURE SYSTEMS, INC.
BOWLING GREEN, OHIO
Negative Determinations 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 September 22, 2008 in
response to a petition filed by a company official on behalf of
workers of Rexam Closure Systems, Inc., Bowling Green, Ohio.
Workers at the Bowling Green facility produce plastic closures for
plastic food industry packaging.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import plastic closures, nor did it
shift production to a foreign country during the period under
investigation.
The subject firm had increasing sales in 2007 and January
through August 2008.
Worker separations are attributable to transfers of production
to other domestic facilities.
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 Rexam Closure
Systems, Inc., Bowling Green, Ohio 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 3rd day of October 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-64,088
REXAM CLOSURE SYSTEMS, INC.
BOWLING GREEN, OHIO
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated October 22, 2008, the International
Union, United Automobile, Aerospace and Agricultural Implement
Workers of America, Region 2-B, requested administrative
reconsideration of the negative determination regarding workers’
eligibility to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) applicable to
workers and former workers of the subject firm. The
determination was issued on October 3, 2008. The Notice of
Determination was published in the Federal Register on October
20, 2008 (73 FR 62323).
The initial investigation resulted in a negative
determination based on the finding that imports of plastic
closures for plastic food industry packaging did not contribute
importantly to worker separations at the subject firm and no
shift of production to a foreign source occurred.
In the request for reconsideration, the petitioner provided
additional information pertaining to a shift in subject plant
production of plastic closures for plastic food industry
packaging to China and requested further investigation of import
impact as it relates to declining subject plant production of
plastic closures for plastic food industry packaging.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
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
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 13th day of November 2008.
/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-64,088
REXAM CLOSURE SYSTEMS, INC.
BOWLING GREEN, OHIO
Negative Determinations 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 September 22, 2008 in
response to a petition filed by a company official on behalf of
workers of Rexam Closure Systems, Inc., Bowling Green, Ohio.
Workers at the Bowling Green facility produce plastic closures for
plastic food industry packaging.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import plastic closures, nor did it
shift production to a foreign country during the period under
investigation.
The subject firm had increasing sales in 2007 and January
through August 2008.
Worker separations are attributable to transfers of production
to other domestic facilities.
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 Rexam Closure
Systems, Inc., Bowling Green, Ohio 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 3rd day of October 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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