Petitioner Type: Union
Impact Date: 03/14/2005
Filed Date: 03/16/2006
Most Recent Update: 05/16/2006
Determination Date: 05/16/2006
Expiration Date: 07/11/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,042
SMART PAPERS
PARK FALLS, WISCONSIN
Notice of Revised Determination
on Reconsideration
By letter dated June 1, 2006, Local 2-0445 USW requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on May 16, 2006 was based on the finding
that imports of printing paper did not contribute importantly to
worker separations at the subject plant and no shift of
production to a foreign source occurred. The denial notice was
published in the Federal Register on June 9, 2006 (71 FR 33488).
The petitioner stated that affected workers lost their jobs
as a result of the subject firm’s customers increasing imports of
paper.
The Department conducted an additional investigation to
determine whether imports of printing paper indeed impacted
production at the subject firm and consequently caused workers
separations. Upon further review of the previous investigation
the Department conducted a more extended survey of the subject
firm’s declining customers. The survey revealed that a
significant number of customers increased their reliance on
imported printing paper during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
production. The investigation further revealed that production
and employment at the subject firm declined during the relevant
time period.
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.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Smart Papers,
Park Falls, Wisconsin, contributed importantly to the declines in
sales or production and to the total or partial separation of
workers at the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Smart Papers, Park Falls, Wisconsin who
became totally or partially separated from employment on or
after March 14, 2005 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of July 2006.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,042
SMART PAPERS
PARK FALLS, 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 March 16, 2006 in response
to a petition filed by the United Steelworkers of America Local 2-
0445 on behalf of workers of Smart Papers, Park Falls, Wisconsin.
The workers produce printing paper.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm did not import paper, nor did it shift
production abroad in the relevant period.
Corporate sales of printing papers increased throughout the
relevant period, and a survey of major customers conducted by the
Department of Labor regarding purchases of paper from 2004
through April of 2006 revealed that no respondent increased its
purchases of imported paper while decreasing purchases from the
subject firm.
Worker separations at Park Falls were caused by a shift in
production to another domestically located facility.
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 all workers of Smart Papers, Park
Falls, 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 in Washington, D.C., this 16th day of May 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-59,042
SMART PAPERS
PARK FALLS, WISCONSIN
Notice of Revised Determination
on Reconsideration
By letter dated June 1, 2006, Local 2-0445 USW requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on May 16, 2006 was based on the finding
that imports of printing paper did not contribute importantly to
worker separations at the subject plant and no shift of
production to a foreign source occurred. The denial notice was
published in the Federal Register on June 9, 2006 (71 FR 33488).
The petitioner stated that affected workers lost their jobs
as a result of the subject firm’s customers increasing imports of
paper.
The Department conducted an additional investigation to
determine whether imports of printing paper indeed impacted
production at the subject firm and consequently caused workers
separations. Upon further review of the previous investigation
the Department conducted a more extended survey of the subject
firm’s declining customers. The survey revealed that a
significant number of customers increased their reliance on
imported printing paper during the relevant period. The imports
accounted for a meaningful portion of the subject plant’s lost
production. The investigation further revealed that production
and employment at the subject firm declined during the relevant
time period.
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.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Smart Papers,
Park Falls, Wisconsin, contributed importantly to the declines in
sales or production and to the total or partial separation of
workers at the subject firm. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Smart Papers, Park Falls, Wisconsin who
became totally or partially separated from employment on or
after March 14, 2005 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of July 2006.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,042
SMART PAPERS
PARK FALLS, 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 March 16, 2006 in response
to a petition filed by the United Steelworkers of America Local 2-
0445 on behalf of workers of Smart Papers, Park Falls, Wisconsin.
The workers produce printing paper.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm did not import paper, nor did it shift
production abroad in the relevant period.
Corporate sales of printing papers increased throughout the
relevant period, and a survey of major customers conducted by the
Department of Labor regarding purchases of paper from 2004
through April of 2006 revealed that no respondent increased its
purchases of imported paper while decreasing purchases from the
subject firm.
Worker separations at Park Falls were caused by a shift in
production to another domestically located facility.
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 all workers of Smart Papers, Park
Falls, 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 in Washington, D.C., this 16th day of May 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance