DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,429

NEOCORK TECHNOLOGIES
CONOVER, NORTH CAROLINA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 22, 2009 by three workers on behalf of workers of
Neocork Technologies, Conover, North Carolina. The workers
produced synthetic wine corks.
The investigation revealed that workers of Neocork
Technologies who are engaged in employment related to the
production of synthetic wine corks meet the criteria for
certification.
Criterion I has been met because all employees were laid
off when the Conover, North Carolina facility was shut down in
April, 2009.
Criterion II has been met because Neocork Technologies
has shifted its acquisition of synthetic wine corks to a
Canadian subcontractor.
Criterion III has been met because the shift of synthetic
wine cork acquisition to Canada by Neocork Technologies
contributed importantly to worker group separations at Neocork
Technologies.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Neocork Technologies,
Conover, North Carolina, who are engaged in employment related
to the production of raw, synthetic wine corks meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Neocork Technologies, Conover, North
Carol, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 13th day of August, 2009


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