Certified
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TAW-71199  /  Appleton Papers, Inc. (Appleton, WI)

Petitioner Type: Union
Impact Date: 11/20/2007
Filed Date: 06/12/2009
Most Recent Update: 06/22/2009
Determination Date: 06/22/2009
Expiration Date: 11/20/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,199

APPLETON PAPERS, INC.
APPLETON, WISCONSIN

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(f) of the Act, 19 U.S.C. § 2272(f), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 12, 2009 by a company official on behalf of workers
of Appleton Papers, Inc., Appleton, Wisconsin. The workers
produce lightweight thermal and carbonless paper.
The petitioner indicated that the Appleton, Wisconsin
facility recently received an affirmative final determination of
material injury or threat by the International Trade Commission.
The investigation revealed that in a notification published
in the Federal register on November 20, 2008 the International
Trade Commission found that an industry in the United States is
threatened with material injury by reason of imports from China
of certain lightweight thermal paper that have been found by the
Department of Commerce (Commerce) to be sold in the United
states at less than fair value (LTFV) and subsidized by the
Government of China. The Commission also determined that an
industry is threatened with material injury by reason of imports
from Germany of certain lightweight thermal paper that have been
found by Commerce to be sold in the United states at LTFV.
A petition has been filed on behalf of workers of Appleton
Papers, Inc., Appleton, Wisconsin. That firm was publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in a
category of determination that is listed in Section 222(f) of
the Act, 19 U.S.C. § 2272(f). In addition, that determination
published in the Federal register on November 20, 2008 is within
one year of the date of the petition filed requesting TAA
Certification.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Appleton Papers, Inc.,
Appleton, Wisconsin, who are engaged in employment related to
light weight thermal and carbonless paper ("the worker group")
meet the certification criteria under Section 222(f) of the Act,
19 U.S.C. § 2272(f). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:



"All workers of Appleton Papers, Inc., Appleton, Wisconsin,
who are engaged in employment activities related to the
production light weight thermal and carbonless paper, who are
totally or partially separated on or after November 20, 2007
through November 20, 2009, 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 22nd day of June, 2009


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