Petitioner Type: Union
Impact Date: 09/30/2016
Filed Date: 09/28/2016
Most Recent Update: 09/26/2017
Determination Date: 09/26/2017
Expiration Date: 09/26/2019
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,256
BALL CORPORATION
FOOD AND AEROSOL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
WEIRTON, WEST VIRGINIA
Notice of Revised Determination
On Reconsideration
On May 16, 2017, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Ball Corporation, Food and Aerosol
Division, including on-site leased workers from Manpower, Weirton,
West Virginia (herein referred to as “Ball Corporation”). The
notice has not been published in the Federal Register as of the
date of this signing of this notice.
To support the request for reconsideration, the subject firm
and its customers supplied additional information to supplement
that which was gathered during the initial investigation.
During the course of the reconsideration investigation, the
Department carefully reviewed the request for reconsideration and
previously submitted information, and obtained additional
information from the subject firm and public sources.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Ball Corporation, Food
and Aerosol Division, including on-site leased workers from
Manpower, Weirton, West Virginia, who were engaged in employment
related to tinplated steel sheets and food and aerosol can end
components (ends), 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 Corporation, Food and Aerosol Division,
including on-site leased workers from Manpower, Weirton, West
Virginia who became totally or partially separated from
employment on or after August 30, 2015, through two years from
the date of this 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 26th day of September, 2017
/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,256
BALL CORPORATION
FOOD AND AEROSOL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
WEIRTON, WEST VIRGINIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated March 1, 2017, United Steelworkers, Local
995 requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Ball Corporation, Food and Aerosol Division, including on-site
leased workers from Manpower, Weirton, West Virginia (herein
referred to as “Ball Corporation”). The determination was issued
on January 18, 2017, but a Notice of Determination has not been
published in the Federal Register as of the date of the signing of
this notice.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on the findings that there was no increased firm or customer
imports of tinplated steel sheets and food and aerosol can end
components or articles like or directly competitive with tinplated
steel sheets and food and aerosol can end components. There also
was not a shift in production to another country or acquisition of
articles from another country. Additionally, the firm was not
deemed a supplier or downstream producer or named in a final
determination by the United States International Trade Commission.
The request for reconsideration asserts that new
information indicates that Ball Corporation has increased its
importation of raw materials used in production (steel coils)
and that some production equipment is being shifted to
Argentina.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 16th day of May, 2017
/s/ Hope D. Kinglock
_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,256
BALL CORPORATION
FOOD AND AEROSOL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
WEIRTON, WEST VIRGINIA
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was 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.
(B) Shift in Production or Supply Path:
(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
(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; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.
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 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
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on September 28, 2016 by the United Steelworkers, Local
995, on behalf of workers of Ball Corporation, Food and Aerosol
Division, including on-site leased workers from Manpower,
Weirton, West Virginia (Ball Corporation). The workers' firm
is engaged in activities related to the production of tinplated
steel sheets and food and aerosol can end components (ends)
which are then converted into food and aerosol cans. Workers at
the subject firm are not separately identifiable by the
article produced.
Workers covered by TA-W-92,256 are separately
identifiable from workers covered under TA-W-91,513 (Ball
Metal Beverage Container Corporation, Bristol, Virginia), TA-
W-83,170 (Ball Container LLC, Metal Beverage Packaging
Division, Gainesville, Florida), TA-W-82,086 (Ball Metal
Beverage Packaging, Columbus, Ohio), and TA-W-81,056 (Ball
Metal Beverage Container Corporation, Torrance, California).
The petition asserts that workers at the Ball Corporation,
Weirton, West Virginia facility are affected by an affiliated
facility in India which manufactures aluminum aerosol cans. The
petition includes supporting documentation.
During the course of the investigation, information was
collected from the workers' firm, the petitioner, the firm's
customer(s) and public sources.
Information obtained by the Department includes
information regarding the establishment by Ball Corporation of
an aluminum aerosol can facility in India in 2015 to meet the
demands of that region and surrounding regions.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased firm, customer, or
aggregate imports, during the relevant period, of articles like
or directly competitive with the tinplated steel sheets and
food and aerosol can end components produced by Ball
Corporation, when compared to the representative base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
production of tinplated steel sheets and food and aerosol can
end components, or a like or directly competitive article, to a
foreign country or acquire the production of tinplated steel
sheets and food and aerosol can end components, or a like or
directly competitive article, from a foreign country. Rather,
production shifted from the Weirton, West Virginia facility to
other domestic facilities.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Ball Corporation 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).
The group eligibility requirements under Section 222(e) of
the Act, have not been satisfied 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 of the facts obtained in the
investigation, 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 Ball Corporation,
Food and Aerosol Division, including on-site leased workers
from Manpower, Weirton, West Virginia, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 18th day of January 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-92,256
BALL CORPORATION
FOOD AND AEROSOL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
WEIRTON, WEST VIRGINIA
Notice of Revised Determination
On Reconsideration
On May 16, 2017, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Ball Corporation, Food and Aerosol
Division, including on-site leased workers from Manpower, Weirton,
West Virginia (herein referred to as “Ball Corporation”). The
notice has not been published in the Federal Register as of the
date of this signing of this notice.
To support the request for reconsideration, the subject firm
and its customers supplied additional information to supplement
that which was gathered during the initial investigation.
During the course of the reconsideration investigation, the
Department carefully reviewed the request for reconsideration and
previously submitted information, and obtained additional
information from the subject firm and public sources.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Ball Corporation, Food
and Aerosol Division, including on-site leased workers from
Manpower, Weirton, West Virginia, who were engaged in employment
related to tinplated steel sheets and food and aerosol can end
components (ends), 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 Corporation, Food and Aerosol Division,
including on-site leased workers from Manpower, Weirton, West
Virginia who became totally or partially separated from
employment on or after August 30, 2015, through two years from
the date of this 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 26th day of September, 2017
/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,256
BALL CORPORATION
FOOD AND AEROSOL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
WEIRTON, WEST VIRGINIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated March 1, 2017, United Steelworkers, Local
995 requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Ball Corporation, Food and Aerosol Division, including on-site
leased workers from Manpower, Weirton, West Virginia (herein
referred to as “Ball Corporation”). The determination was issued
on January 18, 2017, but a Notice of Determination has not been
published in the Federal Register as of the date of the signing of
this notice.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on the findings that there was no increased firm or customer
imports of tinplated steel sheets and food and aerosol can end
components or articles like or directly competitive with tinplated
steel sheets and food and aerosol can end components. There also
was not a shift in production to another country or acquisition of
articles from another country. Additionally, the firm was not
deemed a supplier or downstream producer or named in a final
determination by the United States International Trade Commission.
The request for reconsideration asserts that new
information indicates that Ball Corporation has increased its
importation of raw materials used in production (steel coils)
and that some production equipment is being shifted to
Argentina.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 16th day of May, 2017
/s/ Hope D. Kinglock
_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,256
BALL CORPORATION
FOOD AND AEROSOL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
WEIRTON, WEST VIRGINIA
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was 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.
(B) Shift in Production or Supply Path:
(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
(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; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.
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 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
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on September 28, 2016 by the United Steelworkers, Local
995, on behalf of workers of Ball Corporation, Food and Aerosol
Division, including on-site leased workers from Manpower,
Weirton, West Virginia (Ball Corporation). The workers' firm
is engaged in activities related to the production of tinplated
steel sheets and food and aerosol can end components (ends)
which are then converted into food and aerosol cans. Workers at
the subject firm are not separately identifiable by the
article produced.
Workers covered by TA-W-92,256 are separately
identifiable from workers covered under TA-W-91,513 (Ball
Metal Beverage Container Corporation, Bristol, Virginia), TA-
W-83,170 (Ball Container LLC, Metal Beverage Packaging
Division, Gainesville, Florida), TA-W-82,086 (Ball Metal
Beverage Packaging, Columbus, Ohio), and TA-W-81,056 (Ball
Metal Beverage Container Corporation, Torrance, California).
The petition asserts that workers at the Ball Corporation,
Weirton, West Virginia facility are affected by an affiliated
facility in India which manufactures aluminum aerosol cans. The
petition includes supporting documentation.
During the course of the investigation, information was
collected from the workers' firm, the petitioner, the firm's
customer(s) and public sources.
Information obtained by the Department includes
information regarding the establishment by Ball Corporation of
an aluminum aerosol can facility in India in 2015 to meet the
demands of that region and surrounding regions.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased firm, customer, or
aggregate imports, during the relevant period, of articles like
or directly competitive with the tinplated steel sheets and
food and aerosol can end components produced by Ball
Corporation, when compared to the representative base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
production of tinplated steel sheets and food and aerosol can
end components, or a like or directly competitive article, to a
foreign country or acquire the production of tinplated steel
sheets and food and aerosol can end components, or a like or
directly competitive article, from a foreign country. Rather,
production shifted from the Weirton, West Virginia facility to
other domestic facilities.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Ball Corporation 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).
The group eligibility requirements under Section 222(e) of
the Act, have not been satisfied 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 of the facts obtained in the
investigation, 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 Ball Corporation,
Food and Aerosol Division, including on-site leased workers
from Manpower, Weirton, West Virginia, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 18th day of January 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance