Petitioner Type: Company
Impact Date:
Filed Date: 12/12/2002
Most Recent Update: 01/17/2003
Determination Date: 01/17/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,312
INTERTAPE POLYMER GROUP
MENASHA DIVISION
MENASHA, WISCONSIN
Notice of Revised Determination
on Reconsideration
By application of February 20, 2003, the company and the
Paper, Allied-Industrial, Chemical and Energy Workers
International Union (PACE) Local 7-0727 requested administrative
reconsideration regarding the Department’s Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to the workers of the subject firm.
The initial investigation resulted in a negative
determination issued on October 11, 2002, based on the finding
that imports of water activated sealing tape did not contribute
importantly to worker separations at the subject firm plant. The
denial notice was published in the Federal Register on February
6, 2003 (68 FR 6210).
To support the request for reconsideration, the company
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review,
it was revealed that the company produced several types of
“carton sealing tape,” including water activated tape. Increased
reliance on company imports of pressure sensitive tape, a type of
carton sealing tape, was originally revealed in an investigation
of a subject firm affiliate: specifically, Intertape Polymer
Group, Central Products Company, Richmond, Kentucky (TA-W-
40,783). As a result of this discovery, the Department has
determined that the company’s increased reliance on imports of
pressure sensitive tape (“like or directly competitive” with what
the subject plant produced) may be established as replacing
subject firm production, thus contributing to the layoffs at the
subject plant.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Intertape
Polymer Group, Menasha Division, Menasha, Wisconsin, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Intertape Polymer Group, Menasha Division,
Menasha, Wisconsin, who became totally or partially separated
from employment on or after December 9, 2001 through two years
from the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D.C. this 14th day of April 2003.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,312
INTERTAPE POLYMER GROUP
MENASHA DIVISION
MENASHA, 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 December 12, 2002 in
response to a petition filed by Paper, Allied-Industrial, Chemical
and Energy Workers International Union (PACE) Local 7-0727, on
behalf of workers at Intertape Polymer Group, Menasha Division,
Menasha, Wisconsin. The workers at the subject firm produce water
activated sealing tape.
The investigation revealed that criterion (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import water activated sealing tape during the relevant period of
the investigation.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their sales of water activated
sealing tape during 2000, 2001 and January through December 2002
over the corresponding 2001 period. The survey revealed that none
of the customers purchased imported water activated sealing tape,
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 water activated sealing tape to a foreign
country.
Conclusion
After careful review, I determine that all workers of
Intertape Polymer Group, Menasha Division, Menasha, Wisconsin
(TA-W-50,312) 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 17th day of January, 2003.
/s/Elliott S. Kushner_______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,312
INTERTAPE POLYMER GROUP
MENASHA DIVISION
MENASHA, WISCONSIN
Notice of Revised Determination
on Reconsideration
By application of February 20, 2003, the company and the
Paper, Allied-Industrial, Chemical and Energy Workers
International Union (PACE) Local 7-0727 requested administrative
reconsideration regarding the Department’s Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to the workers of the subject firm.
The initial investigation resulted in a negative
determination issued on October 11, 2002, based on the finding
that imports of water activated sealing tape did not contribute
importantly to worker separations at the subject firm plant. The
denial notice was published in the Federal Register on February
6, 2003 (68 FR 6210).
To support the request for reconsideration, the company
supplied additional information to supplement that which was
gathered during the initial investigation. Upon further review,
it was revealed that the company produced several types of
“carton sealing tape,” including water activated tape. Increased
reliance on company imports of pressure sensitive tape, a type of
carton sealing tape, was originally revealed in an investigation
of a subject firm affiliate: specifically, Intertape Polymer
Group, Central Products Company, Richmond, Kentucky (TA-W-
40,783). As a result of this discovery, the Department has
determined that the company’s increased reliance on imports of
pressure sensitive tape (“like or directly competitive” with what
the subject plant produced) may be established as replacing
subject firm production, thus contributing to the layoffs at the
subject plant.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Intertape
Polymer Group, Menasha Division, Menasha, Wisconsin, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Intertape Polymer Group, Menasha Division,
Menasha, Wisconsin, who became totally or partially separated
from employment on or after December 9, 2001 through two years
from the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
Signed in Washington, D.C. this 14th day of April 2003.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,312
INTERTAPE POLYMER GROUP
MENASHA DIVISION
MENASHA, 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 December 12, 2002 in
response to a petition filed by Paper, Allied-Industrial, Chemical
and Energy Workers International Union (PACE) Local 7-0727, on
behalf of workers at Intertape Polymer Group, Menasha Division,
Menasha, Wisconsin. The workers at the subject firm produce water
activated sealing tape.
The investigation revealed that criterion (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import water activated sealing tape during the relevant period of
the investigation.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their sales of water activated
sealing tape during 2000, 2001 and January through December 2002
over the corresponding 2001 period. The survey revealed that none
of the customers purchased imported water activated sealing tape,
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 water activated sealing tape to a foreign
country.
Conclusion
After careful review, I determine that all workers of
Intertape Polymer Group, Menasha Division, Menasha, Wisconsin
(TA-W-50,312) 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 17th day of January, 2003.
/s/Elliott S. Kushner_______
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance