[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Pages 9289-9290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4394]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,805]


International Paper Company, Pensacola Mill, Cantonment, FL; 
Notice of Negative Determination on Reconsideration

    On December 3, 2008, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The notice was published in the 
Federal Register on December 15, 2008 (73 FR 76057).
    The initial investigation, which was filed on behalf of workers at 
International Paper Company, Pensacola Mill, Cantonment, Florida 
engaged in the production of linerboard and fluff pulp, was denied 
because criteria (1)(2)(A)(I.B) and (1)(2)(A)(II.A) had not been met. 
The subject firm did not separate or threaten to separate a significant 
number or proportion of workers as required by Section 222 of the Trade 
Act of 1974.
    In the request for reconsideration, the petitioner stated that 
workers of the subject firm used to produce uncoated freesheet (copy 
paper) products. The petitioner also stated that in 2006 the subject 
firm discontinued production of uncoated freesheet paper and was 
certified eligible for Trade Adjustment Assistance (TAA). The 
petitioner requested an extension of TAA certification for workers of 
the subject firm who lost employment or would be terminated from the 
subject facility after the expiration date of the previous 
certification, based on the same evidence revealed in the investigation 
in 2006. The petitioner seems to allege that because the subject firm 
was previously certified eligible for TAA, the workers of the subject 
firm should be granted another TAA certification.
    The investigation revealed that the workers of the subject firm 
were certified eligible for TAA (TA-W-59,338) on May 8, 2006 based on 
increased imports of uncoated freesheet paper. The investigation also 
revealed that production of uncoated freesheet paper at the subject 
firm ceased in May 2007. At that time, the subject facility was 
converted to manufacture linerboard and fluff pulp.
    When assessing eligibility for TAA, the Department exclusively 
considers employment, sales, production and import impact during the 
relevant period (from one year prior to the date of the petition). 
Therefore, events

[[Page 9290]]

occurring prior to July 31, 2007 are outside of the relevant period and 
are not relevant in this investigation as established by the petition 
date of July 31, 2008. The investigation revealed that there was no 
production of uncoated freesheet paper at the subject facility during 
the relevant period.
    The petitioner also provided additional information regarding 
employment and layoffs at the subject firm.
    Upon further review of the employment data provided by the company 
official of the subject firm, it was determined that employment at the 
subject firm declined during the relevant period.
    In order to establish import impact and whether imports contributed 
importantly to worker separations, the Department must consider imports 
that are like or directly competitive with those produced at the 
subject firm (linerboard and fluff pulp) during the relevant period. 
The ``contributed importantly'' test is generally demonstrated through 
a survey of customers of the workers' firm regarding their import 
purchases.
    On reconsideration the Department conducted a survey of the subject 
firm's domestic customers regarding their purchases of linerboard and 
fluff pulp during 2006, 2007, January through July, 2007 and January 
through July, 2008. The survey revealed that the customers did not 
increase their imports of linerboard and fluff pulp while decreasing 
purchases from the subject firm during the relevant period.
    Furthermore, as stated in the initial investigation sales and 
production of linerboard and fluff pulp did not decline during the 
relevant period through July 2008.
    If conditions have changed since July 2008, the company is 
encouraged to file a new petition on behalf of the worker group which 
will encompass an investigative period that will include these changing 
conditions.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of International Paper Company, 
Pensacola Mill, Cantonment, Florida.

    Signed at Washington, DC, this 18th day of February 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-4394 Filed 3-2-09; 8:45 am]
BILLING CODE 4510-FN-P