Petitioner Type: State
Impact Date: 10/18/2018
Filed Date: 10/21/2019
Most Recent Update: 05/29/2020
Determination Date: 05/29/2020
Expiration Date: 05/29/2022
Employment and Training Administration
TA-W-95,301
BALL METALPACK, LLC
INCLUDING ON-SITE LEASED WORKERS FROM 1ST EMPLOYMENT AND AEROTEK
SPRINGDALE, 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(a) of the Act, 19 U.S.C. § 2272(a), are
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)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm 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 21, 2019 by a state workforce office on behalf
of workers and former workers of Ball Metalpack, LLC, Springdale,
Arkansas (Ball Metalpack-Springdale). Workers of Ball Metalpack-
Springdale are engaged in activities related to the production of
aerosol cans and food can ends.
The subject worker group includes on-site leased workers from
1st Employment and Aerotek.
During the course of the investigation, information was
collected from the workers' firm, the petitioner, and the subject
firm's major declining customer(s).
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Ball Metalpack-Springdale 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 sales and/or
production of aerosol cans and food can ends at Ball Metalpack-
Springdale have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the aerosol cans and
food can ends produced by Ball Metalpack-Springdale have
increased during the relevant period when compared to the
representative base period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the worker
group separations and sales/production declines at Ball
Metalpack-Springdale.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ball Metalpack-
Springdale, who are engaged in activities related to the
production of aerosol cans and food can 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 Metalpack, LLC, including on-site
leased workers from 1st Employment and Aerotek, Springdale,
Arkansas, who became totally or partially separated from
employment on or after October 18, 2018, 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 29th day of May 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance