Petitioner Type: State
Impact Date: 01/20/2009
Filed Date: 01/21/2010
Most Recent Update: 05/04/2010
Determination Date: 05/04/2010
Expiration Date: 05/04/2012
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,317
SAPPI FINE PAPER N.A.
A SUBSIDIARY OF SAPPI LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
ALTERNATIVE SOLUTIONS, INC., MANPOWER, AND ADECCO
SOUTH PORTLAND, MAINE
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c)
or (f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased.
(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the increase in imports
or shift/acquisition must have contributed importantly to
the workers' separation or threat of separation. See
Sections 222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act,
19 U.S.C. §§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms "Supplier" and "Downstream Producer." For the Department
to issue a secondary worker certification under Section 222(c)
of the Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) 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;
(2) 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
(3) 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.
Workers of a firm may also be considered eligible if they
are 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).
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 January 21, 2010 by a state official on behalf of
workers of Sappi Fine Paper N.A., a subsidiary of Sappi, Ltd.,
South Portland, Maine (TA-W-73,317) (Sappi). The worker group
includes on-site leased workers from Alternative Solutions Inc.,
Manpower, and Adecco. The workers are engaged in activities
related to the provision of information technology, finance,
customer service, human resources, and supply chain services.
The petition alleges that Sappi provided business support
functions to a TAA-certified facility, Sappi Fine Paper N.A.,
Muskegon, Michigan (TA-W-71,202). The investigation included
request for data from the subject firm and follow-up
conversations with the company official.
With respect to Section 222(a) of the Act, the
investigation revealed that Criterion II has not been met. The
subject firm did not import services like or directly
competitive with information technology, finance, customer
service, human resources, and supply chain services during 2007,
2008 or 2009, nor shift service abroad during the same period.
Criterion III has not been met because the separations
were not related to a shift in service, acquisition of
service, or an increase in imports.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion 2 has not been met. The
workers did not supply a service that was used by a firm with
a Trade Adjustment Assistance (TAA) certification. The
company official stated on the Confidential Data Request and
in subsequent phone conversations and emails that the workers
at the South Portland site did not support services to the
Muskegon, Michigan site that is certified under TA-W-71,202 or
other production mill sites.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers' firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sappi Fine Paper
N.A., a subsidiary of Sappi, Ltd., South Portland, Maine (TA-
W-73,317), including on-site leased workers from Alternative
Solutions Inc., Manpower, and Adecco, who are engaged in
activities related to the provision of information technology,
finance, customer service, human resources, and supply chain
services are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 4th day of May, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,317A
SAPPI FINE PAPER N.A.
A SUBSIDIARY OF SAPPI LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
ALTERNATIVE SOLUTIONS, INC., MANPOWER, AND ADECCO
WESTBROOK, 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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on January 21, 2010 on behalf of workers of Sappi Fine
Paper N.A., a subsidiary of Sappi, Ltd., Westbrook, Maine (TA-
W-73,317A) (Sappi), including on-site leased workers from
Alternative Solutions Inc., Manpower, and Adecco. The workers
are engaged in activities related to the provision of
information technology, finance, customer service, human
resources, and supply chain services. These services support a
Sappi Fine Paper N.A. site that is currently covered by a TAA-
Certification, Muskegon, Michigan (TAA-71,202).
The investigation revealed that workers of Sappi who are
engaged in activities related to the provision of information
technology, finance, customer service, human resources, and
supply chain services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because Sappi has shifted
to Finland, Germany, and Switzerland the production of fine
coated paper.
Criterion III has been met because the shift of
production of fine coated paper to Finland, Germany, and
Switzerland by Sappi contributed importantly to worker group
separations at the Westbrook, Maine.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sappi Fine Paper
N.A., a subsidiary of Sappi, Ltd., Westbrook, Maine (TA-W-
73,317A), including on-site leased workers from Alternative
Solutions Inc., Manpower, and Adecco, who are engaged in
activities related to the provision of information technology,
finance, customer service, human resources, and supply chain
services 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 Sappi Fine Paper N.A., a subsidiary of
Sappi, Ltd., Westbrook, Maine (TA-W-73,317A), including
on-site leased workers from Alternative Solutions Inc.,
Manpower, and Adecco, who became totally or partially
separated from employment on or after January 20, 2009,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on 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 4th day of May, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,317
SAPPI FINE PAPER N.A.
A SUBSIDIARY OF SAPPI LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
ALTERNATIVE SOLUTIONS, INC., MANPOWER, AND ADECCO
SOUTH PORTLAND, MAINE
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c)
or (f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased.
(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the increase in imports
or shift/acquisition must have contributed importantly to
the workers' separation or threat of separation. See
Sections 222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act,
19 U.S.C. §§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms "Supplier" and "Downstream Producer." For the Department
to issue a secondary worker certification under Section 222(c)
of the Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) 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;
(2) 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
(3) 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.
Workers of a firm may also be considered eligible if they
are 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).
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 January 21, 2010 by a state official on behalf of
workers of Sappi Fine Paper N.A., a subsidiary of Sappi, Ltd.,
South Portland, Maine (TA-W-73,317) (Sappi). The worker group
includes on-site leased workers from Alternative Solutions Inc.,
Manpower, and Adecco. The workers are engaged in activities
related to the provision of information technology, finance,
customer service, human resources, and supply chain services.
The petition alleges that Sappi provided business support
functions to a TAA-certified facility, Sappi Fine Paper N.A.,
Muskegon, Michigan (TA-W-71,202). The investigation included
request for data from the subject firm and follow-up
conversations with the company official.
With respect to Section 222(a) of the Act, the
investigation revealed that Criterion II has not been met. The
subject firm did not import services like or directly
competitive with information technology, finance, customer
service, human resources, and supply chain services during 2007,
2008 or 2009, nor shift service abroad during the same period.
Criterion III has not been met because the separations
were not related to a shift in service, acquisition of
service, or an increase in imports.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion 2 has not been met. The
workers did not supply a service that was used by a firm with
a Trade Adjustment Assistance (TAA) certification. The
company official stated on the Confidential Data Request and
in subsequent phone conversations and emails that the workers
at the South Portland site did not support services to the
Muskegon, Michigan site that is certified under TA-W-71,202 or
other production mill sites.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers' firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sappi Fine Paper
N.A., a subsidiary of Sappi, Ltd., South Portland, Maine (TA-
W-73,317), including on-site leased workers from Alternative
Solutions Inc., Manpower, and Adecco, who are engaged in
activities related to the provision of information technology,
finance, customer service, human resources, and supply chain
services are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 4th day of May, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,317A
SAPPI FINE PAPER N.A.
A SUBSIDIARY OF SAPPI LTD.
INCLUDING ON-SITE LEASED WORKERS FROM
ALTERNATIVE SOLUTIONS, INC., MANPOWER, AND ADECCO
WESTBROOK, 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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on January 21, 2010 on behalf of workers of Sappi Fine
Paper N.A., a subsidiary of Sappi, Ltd., Westbrook, Maine (TA-
W-73,317A) (Sappi), including on-site leased workers from
Alternative Solutions Inc., Manpower, and Adecco. The workers
are engaged in activities related to the provision of
information technology, finance, customer service, human
resources, and supply chain services. These services support a
Sappi Fine Paper N.A. site that is currently covered by a TAA-
Certification, Muskegon, Michigan (TAA-71,202).
The investigation revealed that workers of Sappi who are
engaged in activities related to the provision of information
technology, finance, customer service, human resources, and
supply chain services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because Sappi has shifted
to Finland, Germany, and Switzerland the production of fine
coated paper.
Criterion III has been met because the shift of
production of fine coated paper to Finland, Germany, and
Switzerland by Sappi contributed importantly to worker group
separations at the Westbrook, Maine.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sappi Fine Paper
N.A., a subsidiary of Sappi, Ltd., Westbrook, Maine (TA-W-
73,317A), including on-site leased workers from Alternative
Solutions Inc., Manpower, and Adecco, who are engaged in
activities related to the provision of information technology,
finance, customer service, human resources, and supply chain
services 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 Sappi Fine Paper N.A., a subsidiary of
Sappi, Ltd., Westbrook, Maine (TA-W-73,317A), including
on-site leased workers from Alternative Solutions Inc.,
Manpower, and Adecco, who became totally or partially
separated from employment on or after January 20, 2009,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on 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 4th day of May, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance