Denied
« back to search results

TAW-62802  /  Shorewood Packaging Corporation (Edison, NJ)

Petitioner Type: State
Impact Date:
Filed Date: 02/05/2008
Most Recent Update: 05/13/2008
Determination Date: 05/13/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,802

SHOREWOOD PACKAGING CORPORATION
A SUBSIDIARY OF INTERNATIONAL PAPER
HOME ENTERTAINMENT DIVISION
EDISON, NEW JERSEY

Notice of Negative Determination
on Reconsideration

On July 16, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on July 28, 2008 (73 FR 43787).
The initial investigation resulted in a negative
determination based on the finding that imports of printed paper
primarily for music and gaming packaging did not contribute
importantly to worker separations at the subject firm and no
shift of production to a foreign source occurred.
In the request for reconsideration the petitioner provided
an additional list of customers, who purchased packaging products
for the pharmaceutical and cosmetic industries.
On reconsideration the Department of Labor contacted the
company official of the subject firm to verify the information
addressed by the petitioner and requested an additional list of
customers. The Department surveyed these customers regarding their
purchases of like or directly competitive products with printed
paper for packaging during 2006, 2007, and January through February
2008 over the corresponding 2007 period. The survey revealed that
only one customer imported printed paper for packaging, however
imports by this customer have been declining during the relevant
period. The remaining customers did not import like or directly
competitive products with printed paper for packaging during the
relevant period.
The petitioner also alleged that Shorewood Packaging
Corporation “had plans to open new facilities in Europe and Asia”
and that Shorewood Packaging was outsourcing jobs from the subject
firm overseas.
The company official of the subject firm confirmed that
Shorewood Packaging Corporation has facilities abroad and described
the functions of each facility. However, the company official
stated that there was no shift in production from the subject firm
to any foreign facility in the relevant period. The company
official clarified that the reason behind the closure of the
subject firm was the change in the market for the products
manufactured by the Edison facility.






Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Shorewood
Packaging Corporation, a subsidiary of International Paper, Home
Entertainment Division, Edison, New Jersey.

Signed at Washington, D.C. this 17th day of September, 2008.

/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-62,802

SHOREWOOD PACKAGING CORPORATION
A SUBSIDIARY OF INTERNATIONAL PAPER
HOME ENTERTAINMENT DIVISION
EDISON, NEW JERSEY

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 February 5, 2008, in
response to a petition filed by the state representative on behalf
of the workers of Shorewood Packaging Corporation, a subsidiary of
International Paper, Home Entertainment Division, Edison, New
Jersey. The workers produce printed paper for primarily music and
gaming packaging.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import printed paper or shift production of printed paper to a
foreign country from 2006 through February 2008. The printed
paper production at the Edison, New Jersey plant was transferred
domestically to other Shorewood Packaging facilities.
The Department of Labor surveyed the subject firm’s primary
customers regarding their purchases of products like or directly
competitive with paper printing for primarily music and games
packaging in 2006, 2007 and January through February 2008. The
survey revealed that there were no import purchases.
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 during this
investigation, I determine that workers of Shorewood Packaging
Corporation, a subsidiary of International Paper, Home
Entertainment Division, Edison, New Jersey, 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 13th day of May 2008

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





- 4 -