Certified
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TAW-82086  /  Ball Metal Beverage Packaging (Columbus, OH)

Petitioner Type: Union
Impact Date: 10/16/2011
Filed Date: 10/17/2012
Most Recent Update: 01/24/2013
Determination Date: 01/24/2013
Expiration Date: 01/24/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,086

BALL METAL BEVERAGE PACKAGING
A DIVISION OF BALL CONTAINER LLC
COLUMBUS, OHIO

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), can be
satisfied if the following criteria are met:
(1) 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; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(II)(aa) imports of articles like or directly
competitive with articles into which one or more
component parts produced by such firm are directly
incorporated have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on October 17, 2012 on behalf of workers of Ball Metal
Beverage Packaging, a division of Ball Container LLC, Columbus,
Ohio (Ball Metal Beverage Packaging). The workers' firm is
engaged in activities related to the production of aluminum
beverage cans.
During the course of the investigation, information was
collected from the workers' firm, the firm's customers, and the
customers' customers.
Section 222(a)(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(a)(2)(A)(i) has been met because the sales and
production of aluminum beverage cans by Ball Metal Beverage
Packaging have decreased absolutely.
Section 222(a)(2)(A)(ii)(II)(aa) has been met because
customers have increased their reliance on imports of beverages
like or directly competitive with beverages incorporating
aluminum beverage cans produced by Ball Metal Beverage Packaging.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased reliance on customer imports of beverages contributed
importantly to the worker group separations and sales/production
declines at Ball Metal Beverage Packaging.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ball Metal Beverage
Packaging, a division of Ball Container LLC, Columbus, Ohio, who
are engaged in activities related to the production of aluminum
beverage cans 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 Ball Metal Beverage Packaging, a division of
Ball Container LLC, Columbus, Ohio, who became totally or
partially separated from employment on or after October 16,
2011 through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the 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 24th day of January, 2013.

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