Petitioner Type: State
Impact Date: 09/10/2019
Filed Date: 07/02/2021
Most Recent Update: 01/24/2022
Determination Date: 09/29/2021
Expiration Date: 09/10/2021
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-97,112
RPLANET EARTH LOS ANGELES LLC
VERNON, CALIFORNIA
Amended Certification Regarding Eligibility
to Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19
U.S.C. § 2273, the Department of Labor issued a Certification Regarding Eligibility to
Apply for Trade Adjustment Assistance for Workers on July 14, 2021 applicable to
former workers of PolymerPak, rPlanet Earth Los Angeles LLC, including workers
whose wages were reported under rePlanet Packaging LLC, Vernon, California. The
worker group is engaged in activities related to the production of plastic food packaging
material and are not separately identifiable by product.
At the request of a state workforce official, the Department reviewed the certification
for the worker group. The amendment request stated that the identification of the
worker group should be corrected.
The Department has carefully reviewed the amendment request and the investigative
record, and has determined that an amendment to clarify the identification of the worker
group is appropriate.
The amended Notice applicable to TA-W-97,112 is hereby issued as follows:
"All workers of rPlanet Earth Los Angeles LLC, Vernon, California, who became totally
or partially separated from employment on or after September 10, 2019, through
September 10, 2021, 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, 2022
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-97,112
POLYMERPAK
AKA RPLANET EARTH LOS ANGELES LLC
INCLUDING WORKERS WHOSE WAGES WERE
REPORTED UNDER REPLANET PACKAGING LLC
VERNON, CALIFORNIA
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated June 30, 2021 and
filed on July 2, 2021 by a State Workforce Office, on behalf of former workers of PolymerPak
, aka rPlanet Earth Los Angeles LLC, Vernon, California (hereafter referred to as the "worker
group"). The group of workers also consists of workers whose wages were reported under rePlanet
Packaging LLC. In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive
of teleworkers and staffed workers."
The worker group is engaged in activities related to the production of plastic food packaging
material and are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, were due to increased
imports of polyethylene terephthalate (PET) sheet from Korea and Oman.
The International Trade Commission (ITC) found that an industry in the United States
is materially injured by reasons of imports of polyethylene terephthalate (PET) sheet from Korea
and Oman that have been found by the U.S. Department of Commerce to be sold in the United
States at less than fair value. The ITC's determination(s) was published in the Federal Register on
September 10, 2020.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
The group eligibility requirements for workers of a firm under Section 222(e) of the Act,
19 U.S.C. § 2272(e), are satisfied if the following criteria are met:
Member of Domestic Industry Criterion
(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));
The Department determines that the member of a domestic industry criterion has been met.
Timely Petition Filing Criterion
(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 (B) or (C) of
paragraph (1) is published in the Federal Register; and
The Department determines that the timely filing of a petition criterion has been met.
Employment Criterion
(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 Department determines that the employment criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of
PolymerPak , aka rPlanet Earth Los Angeles LLC, rePlanet Packaging LLC, Vernon, California,
who are engaged in activities related to the production of plastic food packaging material meet
the worker group certification criteria under Section 222(e) of the Act, 19 U.S.C. § 2272(e). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of PolymerPak , aka rPlanet Earth Los Angeles LLC,rePlanet Packaging LLC,
Vernon, California, who became totally or partially separated from that employment on or
after September 10, 2019, through September 10, 2021, 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 September, 2021
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-97,112
RPLANET EARTH LOS ANGELES LLC
VERNON, CALIFORNIA
Amended Certification Regarding Eligibility
to Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19
U.S.C. § 2273, the Department of Labor issued a Certification Regarding Eligibility to
Apply for Trade Adjustment Assistance for Workers on July 14, 2021 applicable to
former workers of PolymerPak, rPlanet Earth Los Angeles LLC, including workers
whose wages were reported under rePlanet Packaging LLC, Vernon, California. The
worker group is engaged in activities related to the production of plastic food packaging
material and are not separately identifiable by product.
At the request of a state workforce official, the Department reviewed the certification
for the worker group. The amendment request stated that the identification of the
worker group should be corrected.
The Department has carefully reviewed the amendment request and the investigative
record, and has determined that an amendment to clarify the identification of the worker
group is appropriate.
The amended Notice applicable to TA-W-97,112 is hereby issued as follows:
"All workers of rPlanet Earth Los Angeles LLC, Vernon, California, who became totally
or partially separated from employment on or after September 10, 2019, through
September 10, 2021, 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, 2022
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-97,112
POLYMERPAK
AKA RPLANET EARTH LOS ANGELES LLC
INCLUDING WORKERS WHOSE WAGES WERE
REPORTED UNDER REPLANET PACKAGING LLC
VERNON, CALIFORNIA
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated June 30, 2021 and
filed on July 2, 2021 by a State Workforce Office, on behalf of former workers of PolymerPak
, aka rPlanet Earth Los Angeles LLC, Vernon, California (hereafter referred to as the "worker
group"). The group of workers also consists of workers whose wages were reported under rePlanet
Packaging LLC. In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive
of teleworkers and staffed workers."
The worker group is engaged in activities related to the production of plastic food packaging
material and are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, were due to increased
imports of polyethylene terephthalate (PET) sheet from Korea and Oman.
The International Trade Commission (ITC) found that an industry in the United States
is materially injured by reasons of imports of polyethylene terephthalate (PET) sheet from Korea
and Oman that have been found by the U.S. Department of Commerce to be sold in the United
States at less than fair value. The ITC's determination(s) was published in the Federal Register on
September 10, 2020.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
The group eligibility requirements for workers of a firm under Section 222(e) of the Act,
19 U.S.C. § 2272(e), are satisfied if the following criteria are met:
Member of Domestic Industry Criterion
(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));
The Department determines that the member of a domestic industry criterion has been met.
Timely Petition Filing Criterion
(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 (B) or (C) of
paragraph (1) is published in the Federal Register; and
The Department determines that the timely filing of a petition criterion has been met.
Employment Criterion
(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 Department determines that the employment criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of
PolymerPak , aka rPlanet Earth Los Angeles LLC, rePlanet Packaging LLC, Vernon, California,
who are engaged in activities related to the production of plastic food packaging material meet
the worker group certification criteria under Section 222(e) of the Act, 19 U.S.C. § 2272(e). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of PolymerPak , aka rPlanet Earth Los Angeles LLC,rePlanet Packaging LLC,
Vernon, California, who became totally or partially separated from that employment on or
after September 10, 2019, through September 10, 2021, 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 September, 2021
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance