DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-38,439 & NAFTA-4365
EASTERN FINE PAPER
BREWER, MAINE

Notice of Revised Determination
on Reconsideration

On April 27, 2001, the Department issued a Notice of
Affirmative Determination Regarding Application for
Reconsideration for TAA and NAFTA-TAA applicable to workers and
former workers of the subject firm. The notice was published in
the Federal Register on May 9, 2001 (66 FR 23731).
The initial TAA and NAFTA-TAA petition investigations for
workers at Eastern Fine Paper, Brewer, Maine (TA-W-38,439 &
NAFTA-4365) were denied based on the finding that the subject
firm sales and production increased during the relevant period.
The company provided additional information depicting
increases in production. They also provided a sales list of
customers.
On reconsideration, the Department conducted a survey of the
subject firm's customers regarding their purchases of high
capacity papers for commercial printing, sheets and rolls during
1999, 2000 and January through March 2001. The survey revealed a
major customer increased their reliance on imported (including
Canada and/or Mexico) paper like or directly competitive with
what the subject plant produced, while decreasing their purchases
from the subject plant during the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with high capacity papers for
commercial printing, sheets and rolls, contributed importantly to
the decline in sales or production and to the total or partial
separation of workers of Eastern Fine Paper, Brewer, Maine. In
accordance with the provisions of the Act, I make the following
revised determination:
"All workers of Eastern Fine Paper, Brewer, Maine (TA-W-
38,439 who became totally or partially separated from
employment on or after December 5, 1999, through two years
from the date of this issuance, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974"; and
"All workers of Eastern Fine Paper, Brewer, Maine (NAFTA-
TAA-4365 who became totally or partially separated from
employment on or after December 5, 1999, through two years
from the date of this issuance, are eligible to apply for
NAFTA-TAA under Section 250 of the Trade Act of 1974"

Signed in Washington, D.C. this 10th day of April 2002.

/s/ Edward A. Tomchick
______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,439

EASTERN FINE PAPER, INC.
BREWER, MAINE

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or sub-
division have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on December 18, 2000, in
response to a petition filed by a company official on behalf of
workers at Eastern Fine Paper, Inc., Brewer, Maine. The workers
produce paper for commercial printing.


The investigation revealed that criterion (2) has not been
met.
The subject firm has not experienced a decrease in sales or
production in the relevant period.
Conclusion
After careful review, I determine that all workers of Eastern
Fine Paper, Inc., Brewer, Maine are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 7th day of February 2001.

/s/ Linda G. Poole


_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance