DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,805

INTERNATIONAL PAPER COMPANY
PENSACOLA MILL
CANTONMENT, FLORIDA

Notice of Negative Determination
on Reconsideration

On December 3, 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 December 15, 2008 (73 FR
76057).
The initial investigation, which was filed on behalf of
workers at International Paper Company, Pensacola Mill,
Cantonment, Florida engaged in the production of linerboard and
fluff pulp, was denied because criteria (1)(2)(A)(I.B) and
(1)(2)(A)(II.A) had not been met. The subject firm did not
separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade Act
of 1974.
In the request for reconsideration, the petitioner stated
that workers of the subject firm used to produce uncoated
freesheet (copy paper) products. The petitioner also stated that
in 2006 the subject firm discontinued production of uncoated
freesheet paper and was certified eligible for Trade Adjustment
Assistance (TAA). The petitioner requested an extension of TAA
certification for workers of the subject firm who lost employment
or would be terminated from the subject facility after the
expiration date of the previous certification, based on the same
evidence revealed in the investigation in 2006. The petitioner
seems to allege that because the subject firm was previously
certified eligible for TAA, the workers of the subject firm
should be granted another TAA certification.
The investigation revealed that the workers of the subject
firm were certified eligible for TAA (TA-W-59,338) on May 8, 2006
based on increased imports of uncoated freesheet paper. The
investigation also revealed that production of uncoated freesheet
paper at the subject firm ceased in May 2007. At that time, the
subject facility was converted to manufacture linerboard and
fluff pulp.
When assessing eligibility for TAA, the Department
exclusively considers employment, sales, production and import
impact during the relevant period (from one year prior to the
date of the petition). Therefore, events occurring prior to July
31, 2007 are outside of the relevant period and are not relevant
in this investigation as established by the petition date of July
31, 2008. The investigation revealed that there was no
production of uncoated freesheet paper at the subject facility
during the relevant period.
The petitioner also provided additional information
regarding employment and layoffs at the subject firm.
Upon further review of the employment data provided by the
company official of the subject firm, it was determined that
employment at the subject firm declined during the relevant
period.
In order to establish import impact and whether imports
contributed importantly to worker separations, the Department
must consider imports that are like or directly competitive with
those produced at the subject firm (linerboard and fluff pulp)
during the relevant period. The “contributed importantly” test
is generally demonstrated through a survey of customers of the
workers’ firm regarding their import purchases.
On reconsideration the Department conducted a survey of the
subject firm’s domestic customers regarding their purchases of
linerboard and fluff pulp during 2006, 2007, January through
July, 2007 and January through July, 2008. The survey revealed
that the customers did not increase their imports of linerboard
and fluff pulp while decreasing purchases from the subject firm
during the relevant period.
Furthermore, as stated in the initial investigation sales
and production of linerboard and fluff pulp did not decline
during the relevant period through July 2008.
If conditions have changed since July 2008, the company is
encouraged to file a new petition on behalf of the worker group
which will encompass an investigative period that will include
these changing conditions.
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
International Paper Company, Pensacola Mill, Cantonment, Florida.

Signed at Washington, D.C., this 18th day of February 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-63,805

INTERNATIONAL PAPER COMPANY
PENSACOLA MILL
CANTONMENT, FLORIDA

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 August 5, 2008 in response
to a petition filed by the United Steelworkers, Local 447, on
behalf of workers of International Paper Company, Pensacola Mill,
Cantonment, Florida. The workers at the subject firm produce
linerboard and fluff pulp. The workers at the Pensacola Mill are
separately identifiable by paper product line.
All workers at the subject firm were certified eligible to
apply for adjustment assistance on August 15, 2006 (TA-W-59,338).
That certification expired on August 15, 2008. That certification
included workers producing uncoated freesheet which is no longer
manufactured at the facility.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B) (II.A) have not been met.
Employment at the subject firm did not decline significantly
in 2008.
Sales and production at the Pensacola Mill increased in
January through July 2008 compared with the same period 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 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 International
Paper Company, Pensacola Mill, Cantonment, Florida, 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 September 2008


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







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