Denied
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TAW-61662  /  Metso Paper USA, Inc. (Appleton, WI)

Petitioner Type: Union
Impact Date:
Filed Date: 06/12/2007
Most Recent Update: 08/02/2007
Determination Date: 08/02/2007
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,662

METSO PAPER USA, INC.
ROLL SERVICE SHOP
APPLETON, WISCONSIN

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 12, 2007 in response
to a petition filed by the International Association of Machinists
and Aerospace Workers Local 121 on behalf of workers of the roll
service shop of Metso Paper USA, Inc., Appleton, Wisconsin. The
workers performed repair of paper making equipment.
The investigation revealed that the roll service shop in
Appleton does not produce an article within the meaning of
Section 222(a)(2) of the Act. 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 of the roll service shop do not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
The petitioner alleges that capital equipment used in the
repair process is being moved to China. This investigation
revealed that any repair work done in China will be provided for
customers in China and not for those who have used the services
at the Appleton, Wisconsin 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 the roll service
shop of Metso Paper USA, Inc., Appleton, 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 2nd day of August 2007


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