Denied
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TAW-50414  /  Pacon Corporation (Neenah, WI)

Petitioner Type: Workers
Impact Date:
Filed Date: 01/02/2003
Most Recent Update: 02/06/2003
Determination Date: 02/06/2003
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,414

PACON CORPORATION
BEMISS-JASON DIVISION
NEENAH, 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 January 2, 2003 in
response to a petition filed on behalf of workers of Pacon
Corporation, Bemiss-Jason Division, Neenah, Wisconsin. The
workers produce tissues and cardboard displays.
The investigation revealed that Criteria I.C. and II.B. are
not met.
Petitioners allege that the subject firm is importing
products manufactured at the subject plant. The investigation
revealed that is not the case.
The investigation further revealed that subject firm is
shifting production from the Neenah plant to another domestic
facility causing separations at the subject plant. Sales of the
firm did not decline significantly in the relevant period.
Conclusion
After careful review, I determine that all workers of Pacon
Corporation, Bemiss-Jason Division, Neenah, Wisconsin, 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 6th day of February 2003.

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