DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,403

MISSOTA PAPER COMPANY, LLC
BRAINERD, MINNESOTA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of June 23, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers and former workers of the
subject firm. The denial notice was signed on April 7, 2004, and
published in the Federal Register on May 24, 2004 (69 FR 29575).
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 petition for the workers of Missota Paper Company LLC,
Brainerd, Minnesota was denied because the “contributed
importantly” group eligibility requirement of Section 222 of the
Trade Act of 1974, as amended, was not met. The “contributed
importantly” test is generally demonstrated through a survey of
the workers’ firm’s customers. The survey revealed no increase
of imports of uncoated free sheet paper during the relevant
period. The subject firm did not import uncoated free sheet paper
in the relevant period nor did it shift production to a foreign
country.
The petitioner refers to the subject firm’s competitor,
SAAPI-Cloquet, which also filed a petition for TAA and was
certified on February 25, 2004. The petitioner states that
SAAPI-Cloquet recently shifted production from coated paper to
uncoated paper, thus workers of the subject firm and workers of
SAAPI-Cloquet share the same global market for paper. The
petitioner further alleges that because workers of SAAPI-Cloquet
were certified eligible for TAA, workers of the subject firm
should also be eligible.
A review of competitors is not relevant to an investigation
concerning import impact on workers applying for trade adjustment
assistance. The review of both cases revealed that workers of
Missota Paper Company LLC, Brainerd, Minnesota and SAAPI-Cloquet
LLC are engaged in the production of paper; however, they do not
share the same customer base and have no affiliation with each
other. Moreover, the certification of SAAPI-Cloquet LLC,
Cloquet, Minnesota refers to the production of fine paper and
pulp, while workers of the subject firm are engaged in the
production of uncoated paper. As noted above, “contributed
importantly” test is generally demonstrated through a survey of
customers of the workers’ firm to examine the direct impact on a
specific firm. While customers of SAAPI-Cloquet LLC, Cloquet,
Minnesota reported an increase in imports of fine paper and pulp
during the relevant period, no imports were evidenced during the
survey of subject firm’s customers.
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 29th day of July, 2004


/s/ Elliott S. Kushner

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