Denied
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TAW-64360  /  Meadwestvaco Corporation (Enfield, CT)

Petitioner Type: State
Impact Date:
Filed Date: 11/06/2008
Most Recent Update: 02/05/2009
Determination Date: 02/05/2009
Expiration Date:

U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,360

MEADWESTVACO CORPORATION
CONSUMER AND OFFICE PRODUCTS DIVISION
ENFIELD, CONNECTICUT

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 1, 2009, the petitioner requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA) applicable to workers and former workers of the subject
firm. The determination was issued on February 5, 2009. The
Notice of Determination was published in the Federal Register on
March 3, 2009 (74 FR 9283).
The initial investigation resulted in a negative
determination based on the finding that imports of envelopes did
not contribute importantly to worker separations at the subject
firm and no shift in production to a foreign country occurred.
In the request for reconsideration, the petitioner provided
additional information regarding a shift in production of
envelopes to Mexico and alleged that the customers might have
increased imports of envelopes in the relevant period.

The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 7th day of April 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-64,360

MEAD WESTVACO CORPORATION
CONSUMER AND OFFICE PRODUCTS DIVISION
ENFIELD, CONNECTICUT

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 revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.C) were not met.
The investigation was initiated on November 6, 2008, in
response to a petition filed by a state agency representative on
behalf of workers at Mead Westvaco Corporation, Consumer and Office
Products division, Enfield, Connecticut. The workers at the
subject firm produce envelopes.
The investigation revealed that the subject firm did not
import envelopes nor did they shift production to a foreign country
during 2006, 2007, or January through October 2008.
The Department of Labor surveyed the subject firm’s major
declining customer regarding its purchases of envelopes. The
survey revealed no imports of envelopes or like or directly
competitive articles during the relevant period.



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 this
investigation, I determine that all workers of Mead Westvaco
Corporation, Consumer and Office Products division, Enfield,
Connecticut 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 5th day of February 2009


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







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