DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,362
STORA ENSO NORTH AMERICA
KIMBERLY PAPER MILL
KIMBERLY, WISCONSIN

TA-W-58,362A
STORA ENSO NORTH AMERICA
STEVENS POINT PAPER MILL
KIMBERLY, WISCONSIN

Negative 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,
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 17, 2005 in response
to a petition filed by a company official on behalf of workers of
Stora Enso North America, Kimberly Paper Mill, Kimberly, Wisconsin
(TA-W-58,362) and Stevens Point Paper Mills, Stevens Point, Wisconsin
(TA-W-58,362A). The workers produce coated paper at both facilities.
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 regard to workers at the Kimberly facility, it is determined
that The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
Workers at the subject facilities were certified eligible to
apply for adjustment assistance on December 3, 2003 (TA-W-53,112).
That certification expired December 3, 2005.
This investigation revealed that the subject firm did not import
coated paper, nor did it shift production abroad during the relevant
period.
Sales of coated paper from the subject facility increased through
November 15, 2005 compared with the same period one year earlier.
With regard to workers at the Stevens Point facility, the
investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not
separate, and does not plan to separate in the near future, a
significant number or proportion of workers during the relevant time
frame as required by Section 222 of the Trade Act of 1974. A
significant number or proportion of the workers in a firm, or
appropriate subdivision thereof, means five percent of the workers in
a workforce of over 50 workers. Separations by the subject firm did
not reach this level.
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 assistance (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 at both facilities are denied eligibility to apply for TAA,
they cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that all workers at Stora Enso North America,
Kimberly Paper Mill, Kimberly, Wisconsin (TA-W-58,362), and Stora
Enso North America, Stevens Point Paper Mill, Stevens Point,
Wisconsin (TA-W-58,362A) 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 December 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance