DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,813

FORTIS PLASTICS, LLC
HENDERSON DIVISION
HENDERSON, KENTUCKY

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 March 30, 2010 by three workers on behalf of workers of
Fortis Plastics, LLC, Henderson Division, Henderson, Kentucky.
The workers are engaged in the production of plastic injection
molded parts for refrigerators and are not separately
identifiable by product line.
The investigation revealed that workers of Fortis Plastics,
LLC, Henderson Division, who are engaged in employment related
to the production of plastic injection molded parts, meet the
criteria for certification.
Criterion I has been met because a significant proportion
of the workers have become separated at the Henderson,
Kentucky location during the relevant period.
Criterion II has been met because the workers' firm is
shifting a substantial portion of production to a foreign
country of articles like or directly competitive with the
articles produced by the workers' firm at the Henderson
facility.
Criterion III has been met because the shift in
production to Mexico by Fortis Plastics, LLC, Henderson
Division, Henderson, Kentucky contributed importantly to
worker separations at the Henderson, Kentucky facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fortis Plastics, LLC,
Henderson Division, Henderson, Kentucky 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, Henderson Division,
Henderson, Kentucky, who became totally or partially
separated from employment on or after March 22, 2009,
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 20th day of May, 2010

/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance