Petitioner Type: Union
Impact Date:
Filed Date: 11/06/2002
Most Recent Update: 01/08/2003
Determination Date: 01/08/2003
Expiration Date:
Employment and Training Administration
TA-W-50,019
DOMTAR A.W.
WISCONSIN OPERATIONS
PORT EDWARDS, WISCONSIN
TA-W-50,019A
DOMTAR A.W.
WISCONSIN OPERATIONS
NEKOOSA, WISCONSIN
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on November 6, 2002 in
response to a petition filed by Paper, Allied-Industrial, Chemical
and Energy Workers International Union (PACE) Local 7-0059, on
behalf of workers at DOMTAR A.W., Wisconsin Operations, Port
Edwards, Wisconsin (TA-W-50,019) and DOMTAR A.W., Wisconsin
Operations, Nekoosa, Wisconsin (TA-W-50,019A). The workers at the
subject firm produce carbonless basestock and tradebook paper.
The investigation revealed that criterion (a)(2)(A)(I.C) and
(a)(2)(B)(II.A and B) have not been met.
The investigation revealed that the subject firm did not
import carbonless basestock and tradebook paper during the relevant
period of the investigation.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of carbonless
basestock and tradebook paper during 2000, 2001 and January
through November 2002 over the corresponding 2001 period. The
survey revealed that none of the customers imported carbonless
basestock and tradebook paper, while decreasing their purchases
from the subject firm during the relevant period.
The investigation also revealed that the subject firm did not
shift production of carbonless basestock and tradebook paper to a
foreign country.
Conclusion
After careful review, I determine that all workers of DOMTAR
A.W., Wisconsin Operations, Port Edwards, Wisconsin (TA-W-50,019)
and DOMTAR A.W., Wisconsin Operations, Nekoosa, Wisconsin (TA-W-
50,019A) are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 8th day of January, 2003.
/s/Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance