DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,383

PLASTIC ENGINEERING
SHEBOYGAN, WISCONSIN

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 February 6, 2009 in response to
a petition filed by a Wisconsin State Workforce Office on behalf of
workers at Plastic Engineering, Sheboygan, Wisconsin. The workers
produce phenolic resin, thermoset molding and bulk molding compounds.
Workers are separately identifiable by product line.
The investigation revealed that with regard to workers producing
all three products criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not
been met.
The subject firm did not import phenolic resin, thermoset molding
and bulk molding compounds, nor did it shift production abroad in 2007,
2008 or January of 2009.
The Department of Labor conducted surveys of the subject firm's
major declining customers regarding their purchases of thermoset
molding and bulk molding compounds, respectively, in 2007 and 2008 and
January 2008/2009.
Surveys regarding bulk molding compound purchases revealed that
customers did not increase imports in the above periods.
Surveys regarding thermoset molding compound purchases revealed
that any increase in imports was negligible and not contributory to
declines at the subject firm.
In addition, with regard to workers producing phenolic resin,
criterion (a)(2)(A) (I.B) was not met. Sales and production of phenolic
resin increased from 2007 to 2008 and also increased in January 2009
compared with January 2008.
United States aggregate imports of phenolic resin, thermoset
molding and bulk molding compounds declined from 2007 to 2008.
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 Plastic Engineering, Sheboygan,
Wisconsin, 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 24th day of April 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance