DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,832

BPREX HEALTHCARE BROOKVILLE, INC.
RCT (RIGID CLOSED TOP) DIVISION
A SUBSIDIARY OF BERRY PLASTICS
BROOKVILLE, PENNSYLVANIA

Notice of Negative Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated February 18, 2015,
resulted in a negative determination, issued on April 14, 2015,
that was based on the firm not shifting the production to a foreign
country, not importing from a foreign country, not qualifying as a
secondary worker. The determination was applicable to workers and
former workers of BPREX Healthcare Brookville, Inc., RCT (Rigid
Closed Top) Division, a subsidiary of Berry Plastics, Brookville,
Pennsylvania. The workers’ firm is engaged in activities related to
the production of plastic cups for pharmaceutical containers used
for dispensing medication, filling prescriptions and child
restraint containers. The firm also produces small vials and
lids for over the counter medicines and similar products.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the firm did not increase imports of
articles like or directly competitive with the plastic cups or
vials and lids produced by the workers of the subject firm.
Furthermore, the firm did not produce or import finished articles
(containers) encompassing foreign components like or directly
competitive to what the worker group produced.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of plastic cups or vials and lids, or a like or directly
competitive article to a foreign country or acquire plastic cups
or vials and lids or a like or directly competitive article from
a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that BPREX Healthcare Brookville, Inc.,
RCT (Rigid Closed Top) Division, a subsidiary of Berry Plastics,
Brookville, Pennsylvania is not a Supplier or acts as a
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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.

Conclusion

After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of BPREX
Healthcare Brookville, Inc., RCT (Rigid Closed Top) Division, a
subsidiary of Berry Plastics, Brookville, Pennsylvania, who were
engaged in employment related to the production of plastic cups or
vials and lids to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 26th day of February, 2016


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,832

BPREX HEALTHCARE BROOKVILLE, INC.
RCT (RIGID CLOSED TOP) DIVISION
A SUBSIDIARY OF BERRY PLASTICS GROUP
BROOKVILLE, PENNSYLVANIA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For
the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
(1) 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 such 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 second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be 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 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
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on February 18, 2015 by a State Workforce Office on
behalf of workers of BPRex Healthcare Brookville, Inc., RCT
(Rigid Closed Top) division, a subsidiary of Berry Plastics,
Brookville, Pennsylvania ("worker group"). The workers' firm
is engaged in activities related to the production of plastic
cups for pharmaceutical containers used for dispensing
medication, filling prescriptions and child restraint
containers. The firm also produces small vials and lids for
over the counter medicines and similar products.
The petitioner alleged the following, "Plant bought by
global company."
During the course of the investigation, information was
collected from the workers' firm and petitioner.
With respect to Section 222(a)(2)(A), the investigation
revealed that imports did not contribute importantly to worker
separations.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of plastic cups, vial, lids, and other products
produced by the worker group offshore. Rather, the investigation
confirmed that the worker separations are attributable to the
firm reducing duplicative positions, as well as voluntary quits,
retirement, and other reasons unrelated to trade.
With respect to Section 222(b) of the Act, the
investigation revealed that BPRex Healthcare Brookville, Inc.
is not 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of BPRex Healthcare
Brookville, Inc., RCT (Rigid Closed Top) division, a
subsidiary of Berry Plastics, Brookville, Pennsylvania engaged
in activities related to the production of plastic cups, vial,
lids, and other products are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, amended.

Signed in Washington, D.C. this 14th day of April 2015.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance