Petitioner Type: Company
Impact Date: 06/17/2005
Filed Date: 06/02/2005
Most Recent Update: 06/16/2005
Determination Date: 06/16/2005
Expiration Date: 06/16/2007
Employment and Training Administration
TA-W-57,287
STORA ENSO NORTH AMERICA
WISCONSIN RAPIDS MILL
WISCONSIN RAPIDS, WISCONSIN
TA-W-57,287A
STORA ENSO NORTH AMERICA
BIRON MILL
WISCONSIN RAPIDS, WISCONSIN
Determinations 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 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 June 2, 2005 in response to
a petition filed by a company official on behalf of workers of two
mills of Stora Enso North America in Wisconsin Rapids, Wisconsin.
Workers at the Wisconsin Rapids mill produce coated fine paper and
workers at the Biron mill produce lightweight coated paper.
Workers at the two mills were certified eligible to apply for
adjustment assistance on June 16, 2003 (TA-W-51,621). That
certification expired June 16, 2005.
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.
With regards to the workers of the Wisconsin Rapids mill of
Stora Enso North America, it is determined in this case that the
requirements of (a)(2)(A) of Section 222 have been met.
The investigation revealed that the subject firm increased its
imports of coated paper as production declined and worker
separations were effected.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
With regard to workers at the Biron mill of Stora Enso North
America, the investigation revealed that criteria I.B and II.B were
not met.
No measurable declines in sales or production occurred at the
Biron mill. There was no production shift to any foreign location.
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 obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with coated paper produced by Stora
Enso North America, contributed importantly to the total or partial
separation of workers and to the decline in sales or production and
at the Wisconsin Rapids mill. In accordance with the provisions of
the Act, I make the following certification:
"All workers of the Wisconsin Rapids mill of Stora Enso North
America, Wisconsin Rapids, Wisconsin, who became totally or
partially separated from employment on or after June 17, 2005
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Furthermore, after careful review, I determine that all
workers of the Biron mill of Stora Enso North America, Wisconsin
Rapids, Wisconsin 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 at Washington, D.C., this 16th day of June, 2005
/s/ Richard Church
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RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance