Petitioner Type: Company
Impact Date:
Filed Date: 11/28/2003
Most Recent Update: 01/08/2004
Determination Date: 01/08/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,661
NEWSTECH PA
NORTHHAMPTON, PENNSYLVANIA
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 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 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:
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;
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
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 28, 2003 in response to a petition filed by a company official on behalf of workers of Newstech Pa., Northhampton, Pennsylvania. The parent company of the subject firm is Belkorp Industries. The workers produced de-inked market pulp as part of the company’s vertically integrated production of light weight papers, free sheet papers and groundwood printing paper.
The investigation revealed that criteria I.C and II.B are not met.
Neither the subject facility, nor the affiliated plant that it supplied, imported market pulp from May 2002 to October 2003.
Production of deinked market pulp by the company began in April 2002 and was used in the production of paper at another company mill. Sales of paper at that facility increased in the relevant time period.
The petitioner also alleges that job losses were due to the firm losing business as a supplier to a firm that shifted production abroad or was affected by increased imports. The investigation revealed, however, that was not the case. Workers of the (affiliated) firm supplied pulp by the subject firm have not been certified as trade impacted.
In addition, 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 worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Newstech Pa., Northhampton, Pennsylvania are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 8th day of January, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,661
NEWSTECH PA
NORTHHAMPTON, PENNSYLVANIA
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 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 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:
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;
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
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 28, 2003 in response to a petition filed by a company official on behalf of workers of Newstech Pa., Northhampton, Pennsylvania. The parent company of the subject firm is Belkorp Industries. The workers produced de-inked market pulp as part of the company’s vertically integrated production of light weight papers, free sheet papers and groundwood printing paper.
The investigation revealed that criteria I.C and II.B are not met.
Neither the subject facility, nor the affiliated plant that it supplied, imported market pulp from May 2002 to October 2003.
Production of deinked market pulp by the company began in April 2002 and was used in the production of paper at another company mill. Sales of paper at that facility increased in the relevant time period.
The petitioner also alleges that job losses were due to the firm losing business as a supplier to a firm that shifted production abroad or was affected by increased imports. The investigation revealed, however, that was not the case. Workers of the (affiliated) firm supplied pulp by the subject firm have not been certified as trade impacted.
In addition, 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 worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Newstech Pa., Northhampton, Pennsylvania are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 8th day of January, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance