Petitioner Type: AJC
Impact Date: 01/20/2021
Filed Date: 01/21/2022
Most Recent Update: 02/18/2022
Determination Date: 02/18/2022
Expiration Date: 02/18/2024
Employment and Training Administration
TA-W-98,173
RESOLUTE FOREST PRODUCTS US INC.
CALHOUN OPERATIONS DIVISION
CALHOUN, TENNESSEE
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 January 20, 2022 and
filed on January 21, 2022 by a One Stop Operator/Partner, on
behalf of former workers of Resolute Forest Product US Inc.,
Calhoun Operations Division, Calhoun, Tennessee (hereafter
referred to as the "worker group" or "Resolute-Calhoun"). In
accordance with 20 C.F.R. 618.110 a worker group is defined as,
""¦inclusive of teleworkers and staffed workers." The worker
group is engaged in activities related to the production of pulp
and paper products. The petition alleges that worker
separations, or threats thereof, were due to foreign trade.
During the course of the investigation, the Department
collected information from the petitioner and the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Resolute-Calhoun 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 sales and/or
production at Resolute-Calhoun have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with those produced at
Resolute-Calhoun have increased during the relevant period when
compared to the representative base period.
Section 222(a)(2)(A)(iii) has been met because increased
imports contributed importantly to the worker group
separations and sales/production declines at Resolute-Calhoun.
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.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Resolute-Calhoun, who
are engaged in activities related to the production of pulp for
paper products, 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 Resolute Forest Product US Inc., Calhoun
Operations Division, Calhoun, Tennessee, who became totally
or partially separated from employment on or after January
20, 2021 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended."
Signed in Washington, D. C. this 18th day of February, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance