DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,292

TEMBEC USA, LLC
A SUBSIDIARY OF TEMBEC, INC.
ST. FRANCISVILLE, LOUISIANA

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
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 November 8, 2005 in
response to a petition filed by a company official on behalf of
workers at Tembec USA, LLC, a subsidiary of Tembec, Inc., St.
Francisville, Louisiana. The workers at the subject firm produce
Bristol, coated publication, and food grade paper; they are
separately identifiable by article produced. The petition was filed
on behalf of workers producing Bristol paper.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import Bristol paper, nor did it shift production to a foreign
country during 2003, 2004, or January through October of 2005.

The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of Bristol paper
during 2003, 2004 and January through October 2005 over the
corresponding 2004 period. The survey revealed that the subject
firm's major declining customers did not increase imports of
Bristol paper, while decreasing purchases from the subject firm
during the relevant period.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Tembec USA, LLC, a
subsidiary of Tembec, Inc., St. Francisville, Louisiana, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 16th day of December 2005

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance