Petitioner Type: State
Impact Date: 01/07/2004
Filed Date: 01/07/2005
Most Recent Update: 01/21/2005
Determination Date: 01/21/2005
Expiration Date: 01/21/2007
Employment and Training Administration
TA-W-56,301
DIAMOND PRODUCTS
ST. PAUL, MINNESOTA
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 its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on January 7, 2005, in
response to a petition filed by the Minnesota Department of
Employment and Economic Development on behalf of workers producing
liquid paper at Diamond Products, St. Paul, Minnesota. Workers
producing liquid paper are separately identifiable from others at
the facility.
The investigation revealed that sales and production at the
subject facility decreased in 2003 compared with 2002 and during
January though June of 2004. Production of liquid paper at the
subject facility ceased in June, 2004.
The United States Department of Labor surveyed the subject
firm's major customer regarding their purchases of liquid paper.
The survey revealed increased imports of liquid paper during the
relevant period.
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 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 skills of the worker
group are easily transferable to other positions in the local
commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of liquid paper
produced at Diamond Products, St. Paul, Minnesota contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Diamond Products, St. Paul, Minnesota,
engaged in the production of liquid paper, who became
totally or partially separated from employment on or after
January 7, 2004, 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 Diamond Products,
St. Paul, Minnesota are 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 January, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance