[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Notices]
[Pages 8638-8639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-688]


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DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

[TA-W-55,742]


Rock-Tenn Company, Otsego, MI; Notice of Revised Determination on 
Reconsideration

    On January 25, 2005, the Department issued an Affirmative 
Determination Regarding Application on Reconsideration applicable to 
workers

[[Page 8639]]

and former workers of the subject firm. The notice will soon be 
published in the Federal Register.
    The previous investigation initiated on October 6, 2004, resulted 
in a negative determination issued on November 8, 2004, based on the 
finding that imports of paperboard rolls did not contribute importantly 
to worker separations at the subject firm and no shift of production to 
a foreign source occurred. The denial notice was published in the 
Federal Register on December 9, 2004 (69 FR 71428).
    In the request for reconsideration, the petitioner provided 
additional information regarding subject firm's customers. Upon further 
review, it was revealed that the Department did not request a list of 
declining domestic customers during the initial investigation due to 
the understanding that the subject firm produced paperboard rolls to 
satisfy the in-house demand.
    Having conducted a detailed investigation on reconsideration, it 
was established that the subject firm supplied a number of affiliated 
facilities with low-density paperboard. The Department surveyed these 
facilities as customers of the subject firm. It was revealed that the 
major declining customer absolutely increased its imports of low-
density paperboard in the relevant period. The imports accounted for a 
meaningful portion of the subject plant's lost sales and production.
    In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 
2813), as amended, the Department of Labor herein presents the results 
of its investigation regarding certification of eligibility to apply 
for alternative trade adjustment assistance (ATAA) for older workers.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the group eligibility requirements of section 246 of 
the Trade Act must be met. The Department has determined in this case 
that the requirements of section 246 have been met.
    A significant number of workers at the firm are age 50 or over and 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I conclude that increased imports of articles like or 
directly competitive with those produced at Rock-Tenn Company, Otsego, 
Michigan, contributed importantly to the declines in sales or 
production and to the total or partial separation of workers at the 
subject firm. In accordance with the provisions of the Act, I make the 
following certification:

    All workers of Rock-Tenn Company, Otsego, Michigan, who became 
totally or partially separated from employment on or after September 
29, 2003 through two years from the date of this certification, are 
eligible to apply for adjustment assistance under Section 223 of the 
Trade Act of 1974, and are eligible to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.

    Signed in Washington, DC this 4th day of February 2005.
Elliott S. Kushner,
Certifying Officer, Division, of Trade Adjustment Assistance.
[FR Doc. E5-688 Filed 2-18-05; 8:45 am]
BILLING CODE 4510-30-P