Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 09/10/2009
Determination Date: 09/10/2009
Expiration Date: 09/10/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,101
DOMTAR INDUSTRIES INC.
WOODLAND MILL - KRAFT MARKET PULP
INCLUDING ON-SITE LEASED WORKERS FROM VESCOM CORPORATION
BAILEYVILLE, 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on May 19, 2009 by a State Workforce Office on behalf of
workers of Domtar Industries Inc., Woodland Mill - Kraft Market
Pulp, Baileyville, Maine (Domtar). The workers produce
northern bleached hardwood market pulp (pulp). The end users
are primarily paper manufacturers.
The investigation revealed that workers of Domtar who are
engaged in employment related to production of pulp meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers were separated comparing employment
numbers from January through April 2009 over the corresponding
2008 period.
Criterion II has been met because workers of Domtar
produced and sold pulp to manufacturers of paper and paper
products. These workers of the certain paper manufacturers
are covered by Trade Adjustment Assistance (TAA) certification
based on increased customer imports of various paper and paper
products.
Criterion III has been met because the pulp produced by
Domtar for manufacturers of paper and paper products accounted
for at least 20 percent of the production or sales of Domtar.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers Domtar Industries Inc.,
Woodland Mill - Kraft Market Pulp, Baileyville, Maine, who were
engaged in employment related to production of pulp 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 Domtar Industries Inc., Woodland Mill -
Kraft Market Pulp, including on-site leased workers from
Vescom Corporation, Baileyville, Maine who became totally
or partially separated from employment on or after May 18,
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 10th day of September, 2009
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,101
DOMTAR INDUSTRIES INC.
WOODLAND MILL - KRAFT MARKET PULP
INCLUDING ON-SITE LEASED WORKERS FROM VESCOM CORPORATION
BAILEYVILLE, 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on May 19, 2009 by a State Workforce Office on behalf of
workers of Domtar Industries Inc., Woodland Mill - Kraft Market
Pulp, Baileyville, Maine (Domtar). The workers produce
northern bleached hardwood market pulp (pulp). The end users
are primarily paper manufacturers.
The investigation revealed that workers of Domtar who are
engaged in employment related to production of pulp meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers were separated comparing employment
numbers from January through April 2009 over the corresponding
2008 period.
Criterion II has been met because workers of Domtar
produced and sold pulp to manufacturers of paper and paper
products. These workers of the certain paper manufacturers
are covered by Trade Adjustment Assistance (TAA) certification
based on increased customer imports of various paper and paper
products.
Criterion III has been met because the pulp produced by
Domtar for manufacturers of paper and paper products accounted
for at least 20 percent of the production or sales of Domtar.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers Domtar Industries Inc.,
Woodland Mill - Kraft Market Pulp, Baileyville, Maine, who were
engaged in employment related to production of pulp 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 Domtar Industries Inc., Woodland Mill -
Kraft Market Pulp, including on-site leased workers from
Vescom Corporation, Baileyville, Maine who became totally
or partially separated from employment on or after May 18,
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 10th day of September, 2009
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance