DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,536

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production is
related to the article or service that was the basis for
such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on October 20, 2011 by a state workforce office on behalf
of workers of Fortis Plastics, LLC., Fort Smith, Arkansas
(Fortis). The workers' firm is engaged in activities related to
the production of plastic components. The subject worker group
was previously certified under TA-W-70,467 that expired on
September 28, 2011.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(b)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(b)(2) has been met because Fortis is a
Supplier to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of the Act,
19 U.S.C. § 2272(a), and such supply is related to the article
that was the basis for such certification.
Section 222(b)(3)(A) has been met because the plastic
components produced by Fortis for a firm that employed a
certified worker group accounted for at least 20 percent of
the production or sales of Fortis.
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 activities
related to the production of plastic components meet the worker
group certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). 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 September 29, 2011, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on December 20, 2011 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 9th day of December, 2011


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance