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TAW-98096  /  Evergreen Packaging LLC (Pine Bluff, AR)

Petitioner Type: State
Impact Date: 10/25/2020
Filed Date: 10/26/2021
Most Recent Update: 03/10/2022
Determination Date: 03/10/2022
Expiration Date: 03/10/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,096

EVERGREEN PACKAGING LLC

GROUNDWOOD PAPER (MECHANICAL PULP OR

COATED MAGAZINE PAPER) WORKERS

PINE BLUFF MILL

A SUBSIDIARY OF PACTIV EVERGREEN GROUP HOLDINGS INC.

PINE BLUFF, ARKANSAS

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.

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, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2)(A)(i) the sales or production, or both, of such firm or
subdivision 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 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 or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated October 25, 2021, and
filed on October 26, 2021, by a State Workforce Office on behalf
of former workers of Evergreen Packaging LLC, Groundwood Paper
(Mechanical Pulp or Coated Magazine Paper) Workers, Pine Bluff
Mill, a subsidiary of Pactiv Evergreen Group Holdings Inc., Pine
Bluff, Arkansas (hereafter referred to as the "worker group"). In
accordance with 20 C.F.R. 618.110 a worker group is defined as,
""¦inclusive of teleworkers and staffed workers."

The workers' firm is engaged in activities related to the
production of polyethylene extruded-coated board (raw material),
liquid packaging board, and groundwood paper (mechanical pulp or
coated magazine paper).

The affected group of workers on whose behalf the petition
was filed concerns workers producing groundwood paper (mechanical
pulp or coated magazine paper). Workers are separately
identifiable by the article(s) produced and not interchangeable
between the individual production lines.

The petition alleges that worker separations, or threats
thereof, were "Due to the decline of coated groundwood paper
markets throughout the country."

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

Section 222(a)(1) has been met because 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.

Section 222(a)(2)(A)(i) has been met because the sales
and/or production of groundwood paper (mechanical pulp or coated
magazine paper) by Evergreen Packaging LLC's Pine Bluff Mill, Pine
Bluff, Arkansas have decreased absolutely.

Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article produced
by Evergreen Packaging LLC's Pine Bluff Mill, Pine Bluff, Arkansas
have increased.

Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Evergreen Packaging
LLC's Pine Bluff Mill, Pine Bluff, Arkansas.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm under
Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if the
following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.

The Department has further determined that Section
246(a)(3)(A)(ii) (II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the workers' region.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Evergreen Packaging
LLC, Groundwood Paper (Mechanical Pulp or Coated Magazine Paper)
Workers, Pine Bluff Mill, a subsidiary of Pactiv Evergreen Group
Holdings Inc., Pine Bluff, Arkansas, who are engaged in activities
related to the production of groundwood paper (mechanical pulp
or coated magazine paper), meet the worker group certification
criteria under 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 Evergreen Packaging LLC, Groundwood Paper
(Mechanical Pulp or Coated Magazine Paper) Workers, Pine
Bluff Mill, a subsidiary of Pactiv Evergreen Group Holdings
Inc., Pine Bluff, Arkansas, who became totally or partially
separated from employment on or after October 25, 2020,
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; and I further
determine that all workers of Evergreen Packaging LLC,
Groundwood Paper (Mechanical Pulp or Coated Magazine Paper)
Workers, Pine Bluff Mill, a subsidiary of Pactiv Evergreen
Group Holdings Inc., Pine Bluff, Arkansas are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D. C. this 10th day of March, 2022


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance