DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,932

REXAM BEVERAGE CAN COMPANY
HOUSTON CAN PLANT
HOUSTON, TEXAS

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 subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appropriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.


The investigation was initiated on September 4, 2001, in response to a petition and filed by United Steelworkers of America, Local Union 6635, on behalf of workers at Rexam Beverage Can Company, Houston Can Plant, Houston, Texas. The workers produced ten ounce aluminum cans.
The investigation revealed that criterion (3) has not been met.
The investigation further revealed that the subject firm was not importing.
The U.S. Department of Labor conducted a survey of the major customers of the subject firm regarding their purchases of 10 ounce aluminum cans. The survey revealed that the respondents did not increase imports like or directly competitive with articles produced by subject firm.
Conclusion
After careful review, I determine that all workers of Rexam Beverage Can Company, Houston Can Plant, Houston, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 23rd October, 2001.
/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance