Petitioner Type: Company
Impact Date:
Filed Date: 01/27/2005
Most Recent Update: 03/11/2005
Determination Date: 03/11/2005
Expiration Date:
Employment and Training Administration
TA-W-56,407
MEADWESTVACO RESEARCH
SUBSIDIARY OF MEADWESTVACO CORPORATION
LAUREL, MARYLAND
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, 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 January 27, 2005 in
response to a petition filed by a company official on behalf of
workers at MeadWestvaco Research, subsidiary of MeadWestvaco
Corporation, Laurel, Maryland. The workers at the subject facility
are engaged in administrative, research, and development
activities, which support the production of coated paper at
MeadWestvaco, Papers Division, Luke, Maryland.
The investigation revealed that criteria (a)(2)(A)(I.B),
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production of coated
paper at MeadWestvaco, Papers Division, Luke, Maryland increased
from 2003 to 2004 and again during the period of January through
February of 2005 compared to the same period in 2004.
Moreover, MeadWestvaco, Papers Division, Luke, Maryland did
not import coated paper, nor did it shift production to a foreign
country during the relevant period.
Conclusion
After careful review of the facts obtained, I determine that
all workers of MeadWestvaco Research, subsidiary of MeadWestvaco
Corporation, Laurel, Maryland are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 11th day of March 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance