DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,485

FOLD-PAK
GULF STATES PAPER CORPORATION
NEWARK, NEW YORK


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
subdivision have decreased absolutely; and

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

The investigation was initiated on May 6, 2002 in response
to a petition filed by the International Union of Paper, Allied-
Industrial, Chemical and Energy Workers, Local 1-544, on behalf
of workers at Fold-Pak, Gulf States Paper Corporation, Newark,
New York. The workers were engaged in the production of food
packaging containers.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that sales, production, and
employment levels at the subject company decreased in 2001 from
2000 levels and that the subject company ceased to operate in
February 2002.
The investigation also revealed that the predominant cause
of worker separations at the subject company was a domestic shift
of production to other affiliated food packaging container
plants.
Conclusion
After careful review, I determine that all workers of Fold-
Pak, Gulf States Paper Corporation, Newark, New York, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.

Signed in Washington, D.C. this 17th day July 2002.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance