DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,366

GEORGIA-PACIFIC CORPORATION
OPERATING AS JAMES RIVER PAPER CO., INC.
CONSUMER PRODUCTS DIVISION
OLD TOWN, MAINE


Notice of Negative Determination
Regarding Application for Reconsideration

By application of June 24, 2003, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on May 16, 2003
and published in the Federal Register on June 3, 2003 (68 FR
33195).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or


(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at Georgia-
Pacific Corporation, operating as James River Paper Co., Inc.,
Old Town, Maine engaged in the production of toilet tissue,
towels, napkin paper and converted case products, was denied
because the "contributed importantly" group eligibility
requirement of Section 222 of the Trade Act of 1974 was not met.
The subject firm did not increase its reliance on imports of
toilet tissue, towels, napkin paper and converted case products
during the relevant period, nor did it shift production to a
foreign source. Further, division-wide sales increased during
the relevant period.
The company official alleges that, in order to remain
competitive, the company was forced to upgrade the raw materials
used to make its paper products, and that these raw materials are
now obtained from foreign sources. The official further clarifies
that, because the Old Town facility was unable to efficiently
process this foreign fiber source, the company shifted production
to another domestic facility with better capabilities for
processing this imported raw material.
The foreign sourcing of raw materials is not a factor in
determining the import impact of the finished product. In
assessing import impact in connection with petitioning worker
eligibility for TAA, the Department considers data regarding
imports like or directly competitive with those produced at the
subject firm.


Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 17th day of July, 2003.
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance