DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,889

FOX RIVER PAPER COMPANY
APPLETON, WISCONSIN

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on September 22, 2003 and filed by the Paper, Allied
Industrial, Chemical and Energy Workers International Union,
Local 7-16 on behalf of workers at Fox River Paper Company,
Appleton, Wisconsin. The workers are (were) engaged in
employment related to the production of premium writing and cover
paper.


The investigation revealed that subject plant sales and
employment declined during the relevant period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of
writing and cover paper products during 2001, 2002 and January
through September 2003 over the corresponding 2002 period. The
survey revealed that customers increased their reliance on
writing and cover paper product imports during the relevant
period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the subject facility are
over age 50 and do not possess easily transferable skills.
Furthermore, competitive conditions within the industry are
adverse.



Conclusion:
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with condensers products produced at
Fox River Paper Company, Appleton, Wisconsin, contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Fox River Paper Company, Appleton, Wisconsin
who became totally or partially separated from employment on
or after September 18, 2002 through two years from the date
of certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."

Signed in Washington, D. C. this 31st day of October, 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance