DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,362

ROCKTENN
CONTAINER DIVISION
WILLIAMSPORT, PENNSYLVANIA

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated August 11, 2011, resulted
in a negative determination, issued on September 30, 2011, that
was based on the findings that the subject firm did not shift
production to a foreign country and that there were no increased
imports during the relevant period of articles like or directly
competitive with the corrugated containers produced at the subject
firm. The determination was applicable to workers and former
workers of RockTenn, Container Division, Williamsport,
Pennsylvania, (subject firm). The notice of determination was
published in the Federal Register on October 20, 2011 (76 FR
65215). Workers at the subject firm are engaged in activities
related to the production of corrugated containers. The worker
group does not include any leased or temporary workers.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that worker group
at RockTenn, Container Division, Williamsport, Pennsylvania, does
not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports during the relevant
period by the subject firm or its customers of articles like or
directly competitive with the corrugated containers produced by
RockTenn, Container Division, Williamsport, Pennsylvania.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that RockTenn, Container Division, did not
shift to/acquire from a foreign country production of corrugated
containers (or like or directly competitive articles).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that RockTenn is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that RockTenn does not act as a Downstream
Producer to a firm (or subdivision, whichever is applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied since the workers’ firm
has not been publically identified by name by the International
Trade Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of RockTenn,
Container Division, Williamsport, Pennsylvania, to apply for
adjustment assistance, in accordance with Section 223 of the Act,
19 U.S.C. § 2273.
Signed in Washington, D.C. this 2nd day of December, 2011

/s Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistanc


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,362

ROCKTENN
CONTAINER DIVISION
WILLIAMSPORT, PENNSYLVANIA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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:
(1) 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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on August 11, 2011 by the United Steelworkers (USW) Local
875 on behalf of workers of RockTenn, Container Division,
Williamsport, Pennsylvania (RockTenn). The workers’ firm is
engaged in activities related to the production of corrugated
containers.
The USW alleges that the industry has been affected by
imported products.
During the course of the investigation, information was
collected from the workers’ firm, the petitioners, the firm’s
major declining customers, and from the American Forest and Paper
Association.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that RockTenn did not shift production of
corrugated containers to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that RockTenn did not import articles like
or directly competitive with those produced by RockTenn in 2009,
2010 and the first eight months of 2011. Surveys of RockTenn’s
major declining customers revealed no imports of articles like or
directly competitive with those produced with RockTenn during the
relevant period. Additionally, aggregate United States imports of
corrugated containerboard did not increase while domestic
production decreased.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that RockTenn is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that RockTenn does not act as a 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), based on an increase in imports from, or a shift
in production to, Canada or Mexico.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of RockTenn, Container
Division, Williamsport, Pennsylvania engaged in activities
related to the production of corrugated containers are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, as amended, and are also denied eligibility
to apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 30th day of September, 2011


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






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