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TAA Decision 74559

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        DEPARTMENT OF LABOR

	Employment and Training Administration

TA-W-74,559

	SOLO CUP OPERATING CORPORATION
A SUBSIDIARY OF SOLO CUP COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM PENNMAC STAFFING, INC.
SPRINGFIELD, MISSOURI

	Certification Regarding Eligibility
	To Apply for Worker Adjustment Assistance

      In accordance with Section 223 of the Trade Act of 1974, as 
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor 
herein presents the results of an investigation regarding 
certification of eligibility to apply for worker adjustment 
assistance.
      The group eligibility requirements for workers of a firm 
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are 
satisfied if the following criteria are met:
I.	The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant 
number or proportion of the workers in the workers' firm 
must have become totally or partially separated or be 
threatened with total or partial separation.

II.	The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I)	there has been a shift by the workers' firm to a 
foreign country in the production of articles or 
supply of services like or directly competitive with 
those produced/supplied by the workers' firm; OR
(i)(II)	there has been an acquisition from a foreign 
country by the workers' firm of articles/services that 
are like or directly competitive with those 
produced/supplied by the workers' firm.

III.	The third criterion requires that the shift/acquisition 
must have contributed importantly to the workers' 
separation or threat of separation.  See Section 
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §  
2272(a)(2)(B)(ii).
  
	The investigation was initiated in response to a petition 
filed on August 25, 2010, by a company official on behalf of 
workers of Solo Cup Operating Corporation, a subsidiary of Solo 
Cup Company, Springfield, Missouri (Solo Cup).  The workers are 
engaged in activities related to production of single serve 
cups.  The worker group includes on-site leased workers from 
Pennmac Staffing, Inc.
      The investigation revealed that workers of Solo Cup, who 
are engaged in activities related to production of single 
serve cups, meet the criteria for certification.  
      Criterion I has been met because a significant number of 
workers have been separated or threatened with separation 
during the relevant period.  
      Criterion II has been met because the workers' firm has 
shifted to a foreign country the production of articles like 
or directly competitive with the single serve cups produced by 
the workers. 
      Criterion III has been met because the shift in 
production of single serve cups by Solo Cup contributed 
importantly to worker group separations at the Springfield, 
Missouri facility.


Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of Solo Cup Operating 
Corporation, a subsidiary of Solo Cup Company, including on-site 
leased workers from Pennmac Staffing, Inc., Springfield, 
Missouri, who are engaged in activities related to production of 
single serve cups, meet the worker group certification criteria 
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In 
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make 
the following certification:
"All workers of Solo Cup Operating Corporation, a 
subsidiary of Solo Cup Company, including on-site leased 
workers from Pennmac Staffing, Inc., Springfield, Missouri, 
who became totally or partially separated from employment 
on or after August 24, 2009, through two years from the 
date of certification, and all workers in the group 
threatened with total or partial separation from employment 
on the date of certification through two years from the 
date of certification, 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 6th day of October, 2010

						/s/Michael W. Jaffe
						______________________________
                                    MICHAEL W. JAFFE
                                    Certifying Officer, Division of 
                                    Trade Adjustment Assistance


      

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