DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,969

BROWN & WILLIAMSON TOBACCO CORPORATION
CURRENTLY KNOWN AS R.J. REYNOLDS TOBACCO COMPANY
AN OPERATING SUBSIDIARY OF REYNOLDS AMERICAN, INC.
CHESTER, VIRGINIA

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
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 June 8, 2004, applicable
to workers of Brown & Williamson Tobacco Corporation, a subsidiary
of British American Tobacco, Chester, Virginia. The notice was
published in the Federal Register on July 7, 2004 (69 FR 40984).
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 reconstituted tobacco sheets.
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-54,969 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., Chester, Virginia, who
became totally or partially separated from employment on or
after May 20, 2003, through June 8, 2006, are eligible to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.”
I further determine that all workers of Brown and Williamson
Tobacco Corporation, currently known as R.J. Reynolds Tobacco
Company, an operating subsidiary of Reynolds American, Inc.,
Chester, Virginia, are denied eligibility 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-54,969

BROWN AND WILIAMSON TOBACCO CORPORATION
A SUBSIDIARY OF BRITISH AMERICAN TOBACCO
CHESTER, VIRGINIA

Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on May 24, 2004 in response to
a petition filed by a company official on behalf of workers at
Brown and Williamson Tobacco Corporation, a subsidiary of British
American Tobacco, Chester, Virginia. The workers produce
reconstituted tobacco sheets.
The investigation revealed that Brown and Williamson Tobacco
Corporation, a subsidiary of British American Tobacco, Chester,
Virginia supplied reconstituted tobacco sheets used in the
production of cigarettes, and at least 20 percent of its production
or sales is supplied to a manufacturer whose workers were certified
eligible to apply for adjustment assistance.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the workers at the subject
firm possess skills that are easily transferable.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Brown and Williamson
Tobacco Corporation, a subsidiary of British American Tobacco,
Chester, Virginia qualify as adversely affected secondary workers
under Section 222 of the Trade Act of 1974, as amended. In
accordance with the provisions of the Act, I make the following
certification:
“All workers of Brown and Williamson Tobacco Corporation, a
subsidiary of British American Tobacco, Chester, Virginia, who
became totally or partially separated from employment on or
after May 20, 2003, through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
I further determine that all workers of Brown and Williamson
Tobacco Corporation, a subsidiary of British American Tobacco,
Chester, Virginia, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974, as amended.”

Signed at Washington, D.C., this 8th day of June, 2004.

/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance