Petitioner Type: Company
Impact Date: 11/14/2002
Filed Date: 11/28/2003
Most Recent Update: 01/07/2004
Determination Date: 01/07/2004
Expiration Date: 01/07/2006
Employment and Training Administration
TA-W-53,665
BROWN & WILLIAMSON TOBACCO CORPORATION
CURRENTLY KNOWN AS R.J. REYNOLDS TOBACCO COMPANY
AN OPERATING SUBSIDIARY OF REYNOLDS AMERICAN, INC.
MACON, GEORGIA
Amended 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) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on January 7, 2004,
applicable to workers of Brown & Williamson Tobacco Corporation,
Macon, Georgia. The notice was published in the Federal Register
on February 6, 2004 (69 FR 5867).
At the request of a company official, the Department reviewed
the certification for workers of the subject firm. The workers are
engaged in the production of cigarettes.
New information provided by the company shows that Brown &
Williamson Tobacco Corporation is currently known as R.J. Reynolds
Tobacco Company, an operating subsidiary of Reynolds American, Inc.
as of July 30, 2004. Information also shows that workers separated
from employment at the subject firm had their wages reported under
a separate unemployment insurance (UI) tax account for R.J.
Reynolds Tobacco Company.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department's certification is to include all
workers of Brown & Williamson Tobacco Corporation who were
adversely affected by increased imports.
The amended notice applicable to TA-W-53,665 is hereby issued
as follows:
"All workers of Brown & Williamson Tobacco Corporation,
currently known as R.J. Reynolds Tobacco Company, an operating
subsidiary of Reynolds American, Inc., Macon Georgia, who
became totally or partially separated from employment on or
after November 14, 2002, through January 7, 2006, are eligible
to apply for adjustment assistance 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 at Washington, D.C. this 23rd day of September 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,665
BROWN AND WILLIAMSON TOBACCO CORPORATION
MACON, GEORGIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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)(A) of
Section 222 have been met.
The investigation was initiated on November 28, 2003 in
response to a petition filed by a company official on behalf of
workers at Brown and Williamson Tobacco Corporation, Macon,
Georgia. The workers at the subject firm produce cigarettes.
The investigation revealed that sales, production, and
employment at the subject firm decreased from 2001 to 2002 and
again during the period of January through November of 2003
compared to the same period in 2002.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of cigarettes during the period
from 2001 to 2002 and of January through November 2003 compared to
the same period in 2002. The survey revealed increases in imports
by customers reducing purchases from the subject firm during the
period under investigation.
In addition, in accordance with Section 246 of 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 firm are age 50 or over
and possess skills that are not easily transferable. 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 cigarettes produced at the
subject firm by the subject firm’s major customer 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 Brown and Williamson Tobacco Corporation,
Macon, Georgia who became totally or partially separated from
employment on or after November 14, 2002, through two years
from the date of certification are eligible to apply for
adjustment assistance 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 7th day of January 2004
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance