Denied
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TAW-50148  /  Newark Atlantic Paperboard Co. (Lawrence, MA)

Petitioner Type: Union
Impact Date:
Filed Date: 11/20/2002
Most Recent Update: 02/04/2003
Determination Date: 02/04/2003
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,148

NEWARK ATLANTIC PAPERBOARD COMPANY
MILL DIVISION
LAWRENCE, MASSACHUSETTS

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 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 20, 2002 in
response to a petition filed by the PACE International Union,
Local 651 on behalf of workers at Newark Atlantic Paperboard
Company, Mill Division, Lawrence, Massachusetts. The workers
produced clay-coated paperboard and are not separately identi-
fiable by product line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of clay-coated paperboard, nor was there a shift in
production of clay-coated paperboard from the Lawrence,
Massachusetts Mill to a foreign country during the period under
investigation.
Furthermore, the U.S. Department of Labor conducted a survey
of major customers of Newark Atlantic Paperboard Company, Mill
Division, Lawrence, Massachusetts, regarding their purchases of
clay-coated paperboard in 2000, 2001, and January-November 2002.
The survey revealed that respondents had no imports in the
relevant period.
Conclusion
After careful review, I determine that workers producing
clay-coated paperboard at Newark Atlantic Paperboard Company,
Mill Division, Lawrence, Massachusetts, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, as amended.
Signed at Washington, D.C., this 4th day of February 2003.


/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance