DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,539

SCA TISSUE NORTH AMERICA LLC
MENASHA, WISCONSIN

AND

TA-W-56,539A

SCA TISSUE NORTH AMERICA LLC
NEENAH, WISCONSIN

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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.
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 in response to a petition
received on February 9, 2005 and filed by a company official on
behalf of workers at SCA Tissue North America LLC, Menasha,
Wisconsin (TA-W-56,539) and SCA Tissue North America LLC, Neenah
Wisconsin (TA-W-56,539A). The workers are engaged employment
related to the production of tissue paper rolls and sanitary
tissue paper products, respectively.


Menasha, Wisconsin (TA-W-56,539)
The investigation revealed that criteria (I.C), and (II.B)
have not been met at the Menasha facility.
The investigation revealed that the company imported tissue
paper rolls, but the imports were negligible during 2003 through
January 2005. The investigation also revealed that the company
did not shift plant production of the tissue paper rolls to a
foreign source during the relevant period.
Nearly all tissue paper rolls produced at the Menasha,
Wisconsin plant are vertically integrated into the Neenah,
Wisconsin plant (TA-W-56,539) to produce the sanitary tissue
paper products.
Neenah, Wisconsin (TA-W-56,539A)
The investigation revealed that criteria (I.C), and (II.B)
have not been met at the Neenah facility.
The investigation revealed that the company imported
sanitary tissue paper products, but the imports were negligible
during 2003 through January 2005.
The investigation also revealed that the company did not
shift plant production of the sanitary tissue paper products to a
foreign source during the relevant period.
The investigation revealed that the company shifted plant
production to another domestic location. The investigation also
revealed that company sales and production were relatively stable
from 2003 to 2004 and January 2005 over the corresponding 2004
period.
In accordance with Section 246 of 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 at the Menasha, Wisconsin and Neenah,
Wisconsin plants.
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 SCA
Tissue North America LLC, Menasha, Wisconsin (TA-W-56,539) and
SCA Tissue North America LLC, Neenah, Wisconsin (TA-W-56,539A)
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 March, 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance