[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Notices]
[Pages 26181-26182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1068]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,585]


Sealed Air Corporation, Salem, IL; Notice of Revised 
Determination Regarding Application for Reconsideration

    By application of February 25, 2004, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA).
    The initial investigation resulted in a negative determination 
issued on January 20, 2004, because the ``contributed importantly'' 
test of the Group Eligibility Requirements of the Trade Act was not met 
for workers at the subject firm. The workers produce padded mailing 
envelopes. The denial notice was published in the Federal Register on 
March 12, 2004 (69 FR 11888).
    The petitioner alleges that Sealed Air Corporation, Salem, Illinois 
produced more products than just mailing envelopes and that 50 percent 
of the plant production was extruded plastic foam. The petitioner 
further states that while production of paper envelopes was shifted 
domestically, production of plastic foam was shifted to Mexico upon the 
subject plant's closure. To support this statement, the petitioner 
attached copies of the Bill of Landing, which show the shipment of 
machinery from the subject facility to Mexico.
    A company official was contacted to verify this information. Upon 
further review, it was revealed that some workers at Sealed Air 
Corporation, Salem, Illinois were indeed engaged in the production of 
plastic foam during the relevant period; they were separately 
identifiable. A company official confirmed that approximately fifty 
percent of production of plastic foam was shifted to Mexico in 2003 and 
that this shift contributed importantly to layoffs at Sealed Air 
Corporation in Salem, Illinois.
    In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the facts obtained in the investigation, I 
conclude that there was a shift in production from the workers' firm or 
subdivision to Mexico of articles that are like or directly competitive 
with plastic foam produced by the subject firm or subdivision. In 
accordance with the provisions of the Act, I make the following 
certification:

    All workers of Sealed Air Corporation, Salem, Illinois, engaged 
in the production of plastic foam, who became totally or partially 
separated from employment on or after October 30, 2002, through two 
years from the date of this certification, are eligible to apply for 
adjustment assistance under section 223 of the Trade Act of 1974, 
and are eligible to apply for alternative trade adjustment 
assistance under section 246 of the Trade Act of 1974.


[[Page 26182]]


    Signed in Washington, DC this 13th day of April, 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E4-1068 Filed 5-10-04; 8:45 am]
BILLING CODE 4510-13-P