Denied
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TAW-62144  /  R.J. Reynolds Tobacco Co. (Blacksburg, SC)

Petitioner Type: Company
Impact Date:
Filed Date: 09/14/2007
Most Recent Update: 10/26/2007
Determination Date: 10/26/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,144

R.J. REYNOLDS TOBACCO COMPANY
BLACKSBURG STORAGE FACILITY DIVISION
BLACKSBURG, SOUTH CAROLINA

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 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 September 14, 2007, in
response to a petition filed by a company official on behalf of
workers of R.J. Reynolds Tobacco Company, Blacksburg Storage
Facility Division, Blacksburg, South Carolina. Workers at the
subject firm are engaged in the unloading, loading, and storage of
tobacco.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C.) have not been met.
The investigation revealed that workers at the subject firm's
Blacksburg, South Carolina storage facility were in support of
domestic production of cigarettes at R.J. Reynolds Tobacco Company,
Operations Division, Winston-Salem, North Carolina.
The investigation further revealed that a portion of the
cigarette production at R.J. Reynolds Tobacco Company, Operations
Division in Winston-Salem, North Carolina has shifted abroad to
serve those foreign markets. The subject firm has not imported
cigarettes and it is not likely that imports of cigarettes will
increase.
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 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 R.J. Reynolds
Tobacco Company, Blacksburg Storage Facility Division, Blacksburg,
South Carolina, 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 26th day of October 2007.


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assist