DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,551

AMERICAN TUBE AND PAPER COMPANY
TOTOWA, NEW JERSEY

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 services used
in the production of 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 October 9, 2009 by the International Brotherhood of
Teamsters, Local 125 (Union) on behalf of workers of American
Tube and Paper Company, Totowa, New Jersey. The workers are
engaged in employment related to the production of paper
tubes.
The investigation revealed that workers of American Tube
and Paper Company, who are engaged in employment related to
the production of paper tubes, meet the criteria for
certification.
Criterion I has been met because a significant proportion
or number of workers at the subject firm was totally or
partially separated during the relevant period.
Criterion II has been met because workers of American
Tube and Paper Company produced and sold a component part
(paper tubes) to be incorporated into a finished article to a
firm that employed a worker group who is eligible to apply for
Trade Adjustment Assistance (TAA).
Criterion III has been met because the loss of business
by American Tube and Paper Company with the afore-mentioned
firm, with respect to paper tubes, contributed importantly to
worker separations at the Totowa, New Jersey facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of American Tube and
Paper Company, Totowa, New Jersey, who are engaged in
employment related to the production of paper tubes, meet the
worker group certification criteria under Section 222(c) of the
Act, 19 U.S.C. § 2272(c). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of American Tube and Paper Company, Totowa,
New Jersey, who became totally or partially separated from
employment on or after October 7, 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 7th day of May, 2010


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance