DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,481

COVALENCE SPECIALTY MATERIALS, LLC
A SUBSIDIARY OF BERRY PLASTICS CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM WORK FORCE, LLC
ALBERTVILLE, ALABAMA

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 November 20, 2008 in
response to a petition filed by a company official on behalf of
workers engaged in activities related to the production of ring
spun yarns at Covalence Specialty Materials, LLC, a subsidiary of
Berry Plastics Corporation Albertville, Alabama. The workers are
separately identifiable from workers that produce greige cloth at
the subject firm.
The subject worker group includes on-site leased workers from
Work Force, LLC.
The investigation revealed that a significant number of the
subject firm workers have become or are threatened to become
totally or partially separated during the relevant period.
The investigation further revealed that sales and production
declined from January through October 2008 over the corresponding
2007 period.
The investigation also revealed that the subject firm has
increased imports of articles like or directly competitive with
ring spun yarns produced by the subject worker group during January
through October 2008 over the corresponding period during 2007.
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 increases of imports of articles
like or directly competitive with ring spun yarns have contributed
importantly to the separation or threat of separation of workers
who produce such articles at Covalence Specialty Materials, a
subsidiary of Berry Plastics Corporation, including on-site leased
workers from Work Force, LLC, Albertville, Alabama and there has
been or is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the
Act, I make the following certification:












"All workers of Covalence Specialty Materials, a subsidiary of
Berry Plastics Corporation, including on-site leased workers
from Work Force, LLC, Albertville, Alabama engaged in
activities related to the production of ring spun yarn, who
became totally or partially separated from employment on or
after November 19, 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 8th day of December, 2008

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance