DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,091

BOWATER NUWAY INC.
BENTON HARBOR, MICHIGAN

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
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.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on September 15, 2006 in
response to a petition filed by workers of Bowater Nuway Inc.,
Benton Harbor, Michigan. The workers at the subject facility
produced lightweight coated mechanical paper.
The investigation revealed that sales, production and
employment at the subject facility all declined absolutely upon its
shutdown which occurred on August 30, 2006.
The Department of Labor surveyed the subject facility's major
declining customers regarding purchases of lightweight coated
mechanical paper in 2004, 2005 and January through July of 2006.
The survey revealed that respondents became increasingly reliant on
imports during the relevant period.
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 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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with lightweight coated mechanical
paper produced at Bowater Nuway Inc., Benton Harbor, Michigan
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Bowater Nuway Inc., Benton Harbor, Michigan
who became totally or partially separated from employment on
or after September 14, 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."
Signed in Washington, D.C., this 24th day of October 2006



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