DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,547

NEWSTECH PA LP
NORTHAMPTON, PENNSYLVANIA

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 June 13, 2006 in response
to a petition filed by a company official on behalf of workers of
Newstech PA LP, Northampton, Pennsylvania. The workers performed
plant maintenance and dismantling of the company's pulp plant. Pulp
production at the plant ceased in 2003.
Workers at the Northampton plant were certified eligible to
apply for trade adjustment assistance benefits on June 16, 2004
(TA-W-55,001). That certification expired on June 16, 2006.
This investigation revealed that the petitioning workers
have not produced an article within the meaning of Section
222(a)(2) of the Act in the past year. 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 workers performing maintenance and dismantling
work at the facility do not support a firm or appropriate
subdivision that produced an article domestically in the relevant
time period 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 obtained in the
investigation, I determine that all workers of Newstech PA LP,
Northampton, Pennsylvania 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 19th day of June 2006

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