Petitioner Type: Workers
Impact Date:
Filed Date: 12/18/2000
Most Recent Update: 09/17/2001
Determination Date: 09/17/2001
Expiration Date:
Employment and Training Administration
TA-W-38,444
BERENFIELD CONTAINERS, LTD.
MASURY, OHIO
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on December 18, 2000, in response to a petition filed on behalf of workers at Berenfield Containers, Ltd., Masury, Ohio. The workers produced steel drums.
The investigation revealed that criterion (3) has not been met.
The subject firm does not import steel drums.
The Department of Labor did not do a customer survey because the subject firm stated that it could not identify any customers it had lost prior to the closing of the plant.
United States imports of steel drums did not increase significantly during the first eleven months of the year 2000 as compared with the same period of the previous year.
The subject facility was closed as part of a domestic consolidation arising from overcapacity across the entire firm.
Conclusion
After careful review, I determine that all workers of Berenfield Containers, Ltd., Masury, Ohio, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of September 2001.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance