DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,380

SPINNAKER COATING MAINE INCORPORATED
WESTBROOK, MAINE

Notice of Revised Determination
On Remand

The United States Court of International Trade (USCIT)
remanded to the Labor Department for further investigation of the
negative determination in Former Employees of Spinnaker Coating,
Maine Inc. v. U.S. Secretary of Labor (Court No. 02-00203).
The Department's initial denial of the petition for
employees of Spinnaker Coating Maine, Inc., Incorporated,
Westbrook, Maine was issued on August 23, 2001 and published in
the Federal Register on September 11, 2001 (66 Fed. Reg. 47242).
The denial was based on the fact that criterion (3) of the Group
Eligibility Requirements of Section 222 of the Trade Act of 1974,
as amended, was not met. Imports did not contribute importantly
to worker separations at the subject firm.
On administrative reconsideration, the Department issued a
“Notice of Negative Determination Regarding Application for
Reconsideration,” on December 26, 2001 for the employees of
Spinnaker Coating Maine, Inc., Incorporated, Westbrook, Maine.
The notice was published in the Federal Register on January 31,
2002 (66 Fed. Reg. 4756 and 4757). The Department further
concluded that imports did not contribute importantly to worker
separations at the subject firm.
On remand, the Department examined the results of a survey
response conducted during the initial investigation, with
additional clarification from the customer during
reconsideration. The survey showed that the customer stopped
buying thermal transfer paper from the subject firm prior to the
relevant period. During the same time period, the customer
increased their imports purchases of thermal transfer paper from
another domestic source, while decreasing their purchases of
Electronic Data Processing (EDP) paper from the subject firm.
Since the two products EDP and thermal transfer paper
appeared to be two different types of paper, the Department did
not consider the increased imports as impacting the subject
plant. On remand, the Department contacted a company official and
followed up with an industry expert at the United States
International Trade Commission. Both indicated that the two
products were directly competitive with each other. Therefore on
further review of that survey response, the customer increased
their purchases of imported thermal transfer paper, a product
“like or directly competitive” with EDP during the relevant
period. The customer simultaneously reduced their purchases of
EDP, while increasing their imports of thermal transfer paper
during the relevant period.

Conclusion
After careful review of the additional facts obtained on
remand, I conclude that there were increased imports of articles
like or directly competitive with those produced by the subject
firm that contributed importantly to the worker separations and
sales or production declines at the subject facility. In
accordance with the provisions of the Trade Act, I make the
following certification:
"All workers of Spinnaker Coating Maine Incorporated,
Westbrook, Maine who became totally or partially separated
from employment on or after June 4, 2000, through two years
from the issuance of this revised determination, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974."
Signed at Washington, D.C. this 10th day of March 2003.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,380

SPINNAKER COATING MAINE INCORPORATED
WESTBROOK, 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
eligibility 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 subdi-
vision have decreased absolutely; and

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



The investigation was initiated on June 4, 2001 in response to
a petition filed by PACE, Local 1069, on behalf of workers at
Spinnaker Coating Maine Inc., Westbrook, Maine. The subject firm is
a subsidiary of Spinnaker Industries. The workers produced pressure
sensitive papers.
The investigation revealed that criterion (3) has not been
met.
U.S. imports of paper and paperboard labelsls, unprinted,
pressure sensitive decreased in January-May 2001 compared to the
same period in 2000.
The Department surveyed the major declining customers of
Spinnaker Coating Maine Inc. regarding their purchases of pressure
sensitive papers during 1999, 2000 and January-March 2001. The
survey revealed that none of the respondents increased their
purchases of imports while decreasing their purchases from the
subject firm during the relevant period.
Conclusion
After careful review, I determine that all workers of
Spinnaker Coating Maine Inc., Westbrook, Maine eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 23rd day of August, 2001


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance