Petitioner Type: Workers
Impact Date:
Filed Date: 10/12/2004
Most Recent Update: 10/21/2004
Determination Date: 10/21/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,769
BLUE RIDGE PAPER PRODUCTS INC.
DAIRYPAK DIVISION
FORT WORTH, TEXAS
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. 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 October 12, 2004 in
response to a petition filed on behalf of workers of Blue Ridge
Paper Products Inc., DairyPak Division, Fort Worth, Texas. The
workers produced paper milk and juice cartons.
The investigation revealed that criteria I.C and II.B are not
met.
The subject firm did not import paper milk and juice cartons,
nor did it shift production abroad in the relevant period.
Corporate-wide sales and production of paper milk and juice
cartons increased in 2003 compared to 2002 and remained relatively
stable in January-July 2004 compared to the same period in 2003.
Production at the Ft. Worth plant was transferred to other domestic
company facilities.
Petitioners allege that job losses at the Fort Worth plant
were due to the company shifting production from the subject
plant to Panama. The investigation revealed, however, that was
not the case. Blue Ridge Paper Products has a partnership with a
company in Panama that supplies raw materials, but it has not
shifted production of the final product that it manufactured in
Fort Worth to Panama or any other foreign country.
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 assis-
tance (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 Blue
Ridge Paper Products Inc., DairyPak Division, Fort Worth, Texas
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 21st day of October 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance