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TAW-72764  /  International Paper Company (Franklin, VA)

Petitioner Type: Company
Impact Date: 11/03/2008
Filed Date: 11/04/2009
Most Recent Update: 12/17/2009
Determination Date: 12/17/2009
Expiration Date: 12/17/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,764

INTERNATIONAL PAPER COMPANY
FRANKLIN PULP & PAPER MILL
INCLUDING ON-SITE LEASED WORKERS FROM
RAILSERVE
FRANKLIN, VIRGINIA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on December 17, 2009, applicable to workers and former
workers of International Paper Company, Franklin Pulp & Paper
Mill, Franklin, Virginia. The notice was published in the Federal
Register on February 16, 2010 (75 FR 7034). The workers are
engaged in the production of uncoated freesheet paper and coated
paperboard. On April 27, 2010, the Department issued an amended
certification to include on-site leased workers of Railserve.
The notice of amended certification was publishes in the Federal
Register on May 12, 2010 (75 FR 26794).
Following a careful a review of new and previously-submitted
information, the Department determined that the subject worker
group meet the criteria of Section 222(a) of the Trade Act of
1974, as amended. The Department has determined that increased
imports of articles like or directly competitive with those
produced by the subject firm contributed importantly to sales
and/or production decline and worker separations at the Franklin,
Virginia facility.
The amended notice applicable to TA-W-72,764 is hereby
issued as follows:
"All workers International Paper Company, Franklin Pulp
& Paper Mill, including on-site leased workers from
Railserve, Franklin, Virginia, who became totally or
partially separated from employment on or after
November 3, 2008, through December 17, 2011, 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 at Washington, D.C. this 22nd day of December, 2010

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,764

INTERNATIONAL PAPER COMPANY
FRANKLIN PULP & PAPER MILL
FRANKLIN, VIRGINIA

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(a), 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 “Downstream Producer” as “a firm that performs additional,
value-added production processes or services directly for another
firm for articles or services with respect to which a group of
workers in such other firm has been certified under subsection
(a) [of Section 222 of the Act]” and defines the term “value-
added production processes or services” to “include final
assembly, finishing, testing, packaging, or maintenance or
transportation services.”
The investigation was initiated in response to a petition
filed on November 3, 2009 by a company official on behalf of
workers of International Paper Company, Franklin Pulp & Paper
Mill, Franklin, Virginia. The workers produce uncoated freesheet
paper and coated paperboard. The workers are not separately
identifiable by articles produced.
The investigation revealed that workers of International
Paper Company, Franklin Pulp & Paper Mill who are engaged in
employment related to production of uncoated freesheet paper and
coated paperboard meet the criteria as a Downstream Producer for
secondary worker certification.
Criterion I has been met because a significant number of
workers have been separated from employment during the relevant
period.
Criterion II has been met because the workers’ firm is a
Downstream Producer to a firm that employed a group of workers who
received a certification of eligibility, and such production is
related to the article that was the basis for such certification.
Criterion III has been met because the loss of business with
the TAA-certified firm contributed importantly to the worker
separations at the Franklin Pulp & Paper Mill.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of International Paper
Company, Franklin Pulp & Paper Mill, Franklin, Virginia, who are
engaged in employment related to uncoated freesheet paper and
coated paperboard 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 International Paper Company, Franklin Pulp &
Paper Mill, Franklin, Virginia who became totally or partially
separated from employment on or after November 3, 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 17th day of December, 2009

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance



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