Petitioner Type: Workers
Impact Date:
Filed Date: 11/19/2004
Most Recent Update: 12/02/2004
Determination Date: 12/02/2004
Expiration Date:
Employment and Training Administration
TA-W-56,046
BURROWS PAPER CORPORATION
PULP DIVISION
LITTLE FALLS, NEW YORK
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
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 November 19, 2004 in
response to a petition filed on behalf of workers at Burrows Paper
Corporation, Pulp Division, Little Falls, New York. The workers
produced recycled paper pulp.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import recycled paper pulp during 2002, 2003, or January through
October of 2004, nor did it shift production abroad during the
relevant period.
Sales and production at the subject plant increased prior to a
temporary plant shutdown on October 25, 2004.
The Department of Labor conducted surveys of the subject
firm's major customers regarding their purchases of recycled paper
pulp during 2002, 2003 and January through October of 2004.
Results of the survey indicated no imports.
The subject firm's temporary shutdown has been attributed to
raw material costs and profitability factors rather than imports of
pulp.
Conclusion
After careful review, I determine that all workers of Burrows
Paper Corporation, Pulp Division, Little Falls, New York are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of December, 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance