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TAW-73206  /  Smurfit-Stone Container Corporation (Ontonagon, MI)

Petitioner Type: Unknown
Impact Date: 12/18/2008
Filed Date: 01/04/2010
Most Recent Update: 05/06/2010
Determination Date: 05/06/2010
Expiration Date: 05/06/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,206

SMURFIT-STONE CONTAINER CORPORATION
CONTAINERBOARD MILL
INCLUDING ON-SITE LEASED WORKERS FROM
KMW ENTERPRISES AND
GENERAL SECURITY SYSTEMS CORPORATION
ONTONAGON, MICHIGAN

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 May 6, 2010, applicable to workers of Smurfit-Stone
Container Corporation, Containerboard Mill, Ontonagon, Michigan
including on-site leased workers from KMW Enterprises and General
Security Systems Corporation, Ontonagon, Michigan. The
Department’s notice of determination was published in the Federal
Register on May 28, 2010 (75 FR 30070).
At the request of the company official, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the production of corrugated medium,
which is used in the production of corrugated containers
(cardboard boxes).
The company reports that workers leased from General
Security System Corporation were employed on-site at the
Ontonagon, Michigan location of Smurfit-Stone Container
Corporation, Containerboard Mill, Ontonagon, Michigan. The
Department has determined that these workers were sufficiently
under the control of Smurfit-Stone Container Corporation,
Containerboard Mill, Ontonagon, Michigan to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from General Security
System Corporation working on-site at the Ontonagon, Michigan
location of Smurfit-Stone Container Corporation, Containerboard
Mill.


The amended notice applicable to TA-W-73,206 is hereby
issued as follows:
"All workers of Smufit-Stone Container Corporation,
Containerboard Mill, including on-site leased workers
from KMW Enterprises and General Security System
Corporation, Ontonagon, Michigan, who became totally or
partially separated from employment on or after
December 18, 2008, through May 6, 2012, 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 28th day of June 2012.

/s/ Elliott S. Kushner

__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,206

SMURFIT-STONE CONTAINER CORPORATION
CONTAINERBOARD MILL
ONTONAGON, MICHIGAN

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 by The United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, District 2 on January 4, 2010 on behalf of
workers of Smurfit-Stone Container Corporation, Containerboard
Mill, Ontonagon, Michigan. Workers at the subject firm are
engaged in activities related to the production of corrugated
medium used in the production of corrugated containers. The
workers are not separately identifiable by product.
The investigation further revealed that workers of Smurfit-
Stone Container Corporation, Containerboard Mill, Ontonagon,
Michigan who are engaged in employment related to the production of
corrugated medium meet the criteria for certification.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in the workers’ firm have become totally
or partially separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production of corrugated medium by the subject firm decreased
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with corrugated medium
produced by Smurfit-Stone Container Corporation, Containerboard
Mill, Ontonagon, Michigan have increased. Specifically, the
Department of Labor conducted a survey of the subject firm’s major
declining customers regarding their purchases of corrugated medium
during the relevant period. The survey revealed increased customer
imports of corrugated medium.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of corrugated medium by customers of Smurfit-
Stone Container Corporation, Containerboard Mill, Ontonagon,
Michigan contributed importantly to the worker group separations
and sales/production declines at Smurfit-Stone Container
Corporation, Containerboard Mill, Ontonagon, Michigan.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Smurfit-Stone Container
Corporation, Containerboard Mill, Ontonagon, Michigan who are
engaged in activities related to the production of corrugated
medium 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 Smurfit-Stone Container Corporation,
Containerboard Mill, Ontonagon, Michigan, who became totally
or partially separated from employment on or after December
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 6th day of May, 2010


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



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