Petitioner Type: Company
Impact Date:
Filed Date: 05/16/2005
Most Recent Update: 05/26/2005
Determination Date: 05/26/2005
Expiration Date:
Employment and Training Administration
TA-W-57,179
VOITH PAPER SERVICE NORTHEAST, INC.
A SUBSIDIARY OF VOITH PAPER, INC.
FARMINGTON, NEW HAMPSHIRE
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, 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 investigation was initiated on May 16, 2005, in response
to a petition filed by a company official on behalf of workers of
Voith Paper Service Northeast, Inc., a subsidiary of Voith Paper,
Inc., Farmington, New Hampshire. The workers are engaged in after-
market paper machine rolls repair.
The investigation revealed that the subject firm does not
produce an article within the meaning of Section 222(a)(2) of the
Act. In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision. The repair workers described above do not
support a firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
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 of the facts in this investigation, I
determine that all workers of Voith Paper Service Northeast, Inc.,
a subsidiary of Voith Paper, Inc., Farmington, New Hampshire are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 26th day of May, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance