Petitioner Type: State
Impact Date:
Filed Date: 01/07/2004
Most Recent Update: 02/12/2004
Determination Date: 02/12/2004
Expiration Date:
Employment and Training Administration
TA-W-53,954
SAPPI FINE PAPER
SOMERSET OPERATIONS
ALSO KNOWN AS HINCKLEY MILL
SKOWHEGAN, MAINE
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 7, 2004 in
response to a petition filed by a state workforce agent on behalf
of workers at Sappi Fine Paper, Somerset Operations, also known
as Hinckley Mill, Skowhegan, Maine. The workers produce coated
paper.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
Sales and production at the subject firm increased from 2002
to 2003.
The investigation also revealed that from 2002 to 2003, the
subject firm did not import coated paper, nor was production of
coated paper shifted from the Skowhegan plant to a foreign
country.
Conclusion
After careful review, I determine that all workers of Sappi
Fine Paper, Somerset Operations, also known as Hinckley Mill,
Skowhegan, Maine, 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 12th day of February, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance