Denied
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TAW-63708  /  ABB Reliability Services, Full Service (Mansfield, LA)

Petitioner Type: State
Impact Date:
Filed Date: 07/17/2008
Most Recent Update: 08/29/2008
Determination Date: 08/29/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,708

ABB RELIABILITY SERVICES, FULL SERVICE
WORKING AT INTERNATIONAL PAPER
MANSFIELD, LOUISIANA

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 July 17, 2008 in response
to a petition filed by a state agency representative on behalf of
workers of ABB Reliability Services, Full Service, working at
International Paper, Mansfield, Louisiana. Workers at the subject
firm maintain production equipment.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II. B) have not been met.
Activities relating to the maintenance of production
equipment, contracted to the subject firm was not shifted, or
sourced, abroad in 2006, 2007, or during the period of January
through July 2008. Furthermore, International Paper, Mansfield,
Louisiana did not shift the production of paper offshore or import
products like or directly competitive during the relevant period.

A corporate decision was made by International Paper to source
the maintenance of the production equipment in another contractor
as well as utilizing in-house workers.
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 ABB Reliability
Services, Full Service, working at International Paper, Mansfield,
Louisiana, 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 29th day of August 2008


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