DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,666

SMURFIT-STONE
PROTECTIVE PACKAGING
EAST LONGMEADOW, MASSACHUSETTS

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers to a firm or subdivision primarily
affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

The investigation was initiated on September 23, 2004 in
response to a petition filed by a company official on behalf of
workers of Smurfit-Stone, Protective Packaging, East Longmeadow,
Massachusetts. The workers at the subject firm are engaged in the
production of wood and foam packaging.
The investigation revealed that criterion (3)(A) has not been
met. The petitioner alleges that job losses were due to their firm
losing business as a supplier of a component part to a firm that is
currently TAA certified. The investigation revealed, however, that
this was not the case. The wood and foam packaging produced by the
subject firm is not a component in the electronic equipment
produced by the primary firms in question.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Smurfit-
Stone, Protective Packaging, East Longmeadow, Massachusetts, do not
qualify as adversely affected secondary workers and are denied
eligibility to apply for adjustment assistance under section 223(b)
of the Trade Act of 1974, and are also denied eligibility to apply
for alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C., this 18th day of October 2004.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance