DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,467

FORTIS PLASTICS, LLC
FORT SMITH, ARKANSAS

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 a State Workforce Office on behalf of
workers of Fortis Plastics, LLC, Fort Smith, Arkansas (Fortis
Plastics). The workers produce molded plastic components for
refrigerator units used in the refrigeration industry. The
workers are not separately identifiable by article produced.
The investigation revealed that workers of Fortis Plastics
who are engaged in employment related to the production of
molded plastic components meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers who produce the molded plastic components at
Fortis Plastics have become separated, or are threatened with
separation, during the relevant period.
Criterion II has been met because Fortis Plastics is
shifting to a foreign country the production of articles like
or directly competitive with the molded plastic components
produced by the workers.
Criterion III has been met because the shift of molded
plastic components to Mexico by Fortis Plastics contributed
importantly to worker group separations at the Fort Smith,
Arkansas facility.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fortis Plastics, LLC,
Fort Smith, Arkansas who are engaged in employment related to
the production of molded plastic components 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 Fortis Plastics, LLC, Fort Smith, Arkansas,
who became totally or partially separated from employment
on or after May 20, 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 28th day of September, 2009


/s/Del Min Amy Chen
______________________________
Del Min Amy Chen
Certifying Officer, Division of
Trade Adjustment Assistance