DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,613

LONGVIEW FIBRE PAPER AND PACKAGING, INC.
LONGVIEW MILL
FORMERLY LONGVIEW FIBRE COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
OREGON ELECTRIC AND J.H. KELLY
LONGVIEW, WASHINGTON

Amended Notice of Revised Determination
On Reconsideration

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Notice of
Revised Determination on Reconsideration on April 16, 2008. The
notice was published in the Federal Register on April 23, 2008
(73 FR 21992-21993).
At the request of the State agency, the Department reviewed
the Notice of Revised Determination on Reconsideration for
workers of the subject firm. The workers are engaged in the
production of kraft paper.
New information shows that workers leased workers from
Oregon Electric and J.H. Kelly were employed on-site at the
Longview, Washington location of Longview Fibre Paper and
Packaging, Inc., Longview Mill, Formerly Longview Fibre Company.



The Department has determined that these workers were
sufficiently under the control of Longview Fibre Paper and
Packaging, Inc., Longview Mill, Formerly Longview Fibre Company
to be considered leased workers.
Based on these findings, the Department is amending this
revised determination to include workers leased from Oregon
Electric and J.H. Kelly working on-site at the Longview,
Washington location of the subject firm.
The intent of the Department’s certification is to include
all workers adversely affected by increased imports of kraft
paper who were employed at Longview Fibre Paper and Packaging,
Inc., Longview Mill, formerly Longview Fibre Company, Longview,
Washington.


The amended notice applicable to TA-W-62,613 is hereby
issued as follows:
"All workers of Longview Fibre Paper and Packaging,
Inc., Longview Mill, formerly Longview Fibre Company,
including on-site leased workers from Oregon Electric
and J.H. Kelly, Longview, Washington, engaged in the
production of kraft paper, who became totally or
partially separated from employment on or after
December 27, 2006, through April 16, 2010, 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 at Washington, D.C. this 17th day of July 2009


/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,613

LONGVIEW FIBRE PAPER AND PACKAGING INC.
LONGVIEW MILL
FORMERLY LONGVIEW FIBRE COMPANY
LONGVIEW, WASHINGTON

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 December 31, 2007 in
response to a worker petition filed by the Association of Western
Pulp and Paper Workers Union, Local 153, on behalf of workers of
Longview Fibre Paper and Packaging, Inc., Longview Mill, formerly
Longview Fibre Company, Longview, Washington. The firm is a
subsidiary of Brookfield Asset Management. The workers produce
various types of kraft paper; they are not separately identifiable
by specific type of paper. They are separately identifiable from
workers producing containerboard (boxes) in Longview.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import kraft paper, nor did it shift
production to a foreign country during 2006 or 2007.
The Department of Labor surveyed the subject facility’s
primary customers regarding purchases of paper products like or
directly competitive with products manufactured at the subject firm
in 2005, 2006, and 2007. Imports were relatively minor, and
decreased both absolutely and relative to customers’ overall
purchases. Imports also declined relative to the subject firm’s
sales.
United States aggregate imports of kraft paper and paperboard
declined in 2007 compared with 2006. Aggregate imports of products
in a larger category, paper mills (except newsprint), also declined
in 2007.
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 Longview Fibre Paper
and Packaging, Inc., Longview Mill, formerly Longview Fibre
Company, Longview, Washington 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 18th day of March 2008

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








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