DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,044

INTERNATIONAL PAPER COMPANY
ALBANY, OREGON

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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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. § 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.

(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) (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.
(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.

(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
(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; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
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." 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
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(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), 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 October 4, 2012 by three workers on behalf of
International Paper Company, Albany, Oregon (Albany Plant).
International Paper Company is engaged in activities related
to the production of container board primarily used for
corrugated shipping containers. The Albany Plant ceased to
produce an article in 2009. Workers employed at the Albany
Plant during September 2011 through the present (relevant
period) are engaged in activity related to the closure of the
Albany Plant.
The petitioners state as the basis for certification
"Petition 64,444 states reasons for threatened foreign trade."
The certification applicable to workers and former
workers covered by TA-W-64,444 (issued on January 23, 2009)
was based on the Department's finding that increased customer
imports during 2007 and January-October 2008 contributed
importantly to worker separations on/after October 17, 2007
through January 23, 2011.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that that Criterion (2)(A)(i) has not
been met because sales and production at the Albany has not
decline in 2012 from 2011 levels because there has been
neither sales nor production at the Albany Plant since
December 2009.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because there cannot be imports of articles like or
directly competitive with the article produced at the Albany
Plant because nothing was produced at the Albany Plant during
the relevant period.
29 CFR 90 identifies the periods of time relevant to an
increased imports analysis. Because the periods of time
relevant to TA-W-64,444 and TA-W-82,044 are different, the
increased imports found in the former case cannot be the basis
for certification of the latter case even if there were sales
and/or production at the Albany Plant during the relevant
period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed no shift in the production of articles
like or directly competitive with the articles produced at the
Albany Plant during the relevant period to a foreign country
and no acquisition of production for such articles from a
foreign country because no article (container board or another
article) was produced at the Albany Plant during the relevant
period.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the Albany Plant does not act as
either a Supplier or 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). During the
relevant period, workers at the Albany Plant did not produce
component parts or assemble/finish articles; rather, the
workers at the Albany Plant were engaged in closure
activities.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because 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 of the facts obtained in the
investigation, 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
International Paper Company, Albany, Oregon, to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 27th day of February, 2013


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