Certified
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TAW-70024  /  Newpage Corporation (Rumford, ME)

Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 08/21/2009
Determination Date: 08/21/2009
Expiration Date: 08/21/2011

Corrected Copy
DEPARTMENT OF LABOR 8/27/09

Employment and Training Administration

TA-W-70,024

NEWPAGE CORPORATION
A SUBSIDIARY OF CERBERUS CAPITAL MANAGEMENT, L.P.
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
RUMFORD, MAINE


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974,
as amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
such workers' firm have become totally or partially
separated, or are threatened to become totally or partially
separated; and

(2)(A)(i) the sales or production, or both, of such firm
have decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied
by such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 18, 2009 by a State Workforce Official on behalf
of workers of NewPage Corporation, a subsidiary of Cerberus
Capital Management, L.P, Rumford, Maine (NewPage Corporation).
The worker group includes on-site leased workers from
Manpower. The workers are engaged in activities related to the
production of coated freesheet and coated mechanical paper.
The workers are not separately identifiable by products
produced.
The investigation revealed that workers of NewPage
Corporation who are engaged in employment related to the
manufacturing of coated freesheet and coated mechanical paper
meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number of workers have been separated or have been threatened
with separation.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of coated freesheet and coated mechanical
paper by NewPage Corporation have decreased absolutely during
the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with coated
freesheet and coated mechanical paper by NewPage Corporation
have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of coated freesheet and coated
mechanical paper by customers of New Page Corporation
contributed importantly to the worker group separations and
sales/production declines at NewPage Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NewPage Corporation,
a subsidiary of Cerberus Capital Management, L.P, including
on-site leased workers from Manpower, Rumford, Maine, who are
engaged in employment related to the production of coated
freesheet and coated mechanical paper meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:






"All workers of NewPage Corporation, a subsidiary of
Cerberus Capital Management, L.P, including on-site
leased workers from Manpower, Rumford, Maine, who became
totally or partially separated from employment on or after
December 9, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 21st day of August, 2009

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