[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Notices]
[Pages 13529-13530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5237]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-60,078]


Weyerhaeuser Company; Lebanon Lumber Division; Lebanon, OR; 
Notice of Negative Determination on Reconsideration

    On December 15, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Weyerhaeuser Company, Lebanon Lumber Division, 
Lebanon, Oregon (the subject firm). The Department's Notice of 
affirmative determination was published in the Federal Register on 
December 21, 2006 (71 FR 76700).
    The initial denial of the workers' eligibility to apply for Trade 
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance 
(ATAA) was based on the Department's findings that the workers produce 
green softwood stud lumber; the subject firm neither imported green 
softwood stud lumber nor shifted production of green softwood stud 
lumber overseas during the relevant period; and the subject firm's 
major declining customers had negligible imports of green softwood stud 
lumber during the surveyed periods. The Department's Notice of 
determination was issued on October 19, 2006 and published in the 
Federal Register on November 6, 2006 (71 FR 65004).
    The request for reconsideration, filed by the United Brotherhood of 
Carpenters and Joiners of America, Carpenters Industrial Council, Local 
2791 (Union), alleges that Weyerhaeuser Company purchased a softwood 
lumber production facility in Canada, inferring that the subject firm 
has increased imports of lumber or articles like or directly 
competitive with lumber produced at the subject facility.
    During the reconsideration investigation, the Department discussed 
the allegations with the Union, sought clarification from the subject 
firm regarding Weyerhaeuser Company's Canadian lumber production 
facilities, and conducted a customer survey regarding imports of stud 
lumber and articles like or directly competitive with stud lumber 
produced at the subject firm during the relevant period.
    During the reconsideration investigation, the Department determined 
that kiln-dried lumber and engineered wood products are like or 
directly competitive with green stud lumber. As such, the Department 
conducted an expanded customer survey to determine whether the subject 
firm's major declining customers had increased import purchases of 
green stud lumber and articles like or directly competitive with green 
stud lumber produced at the subject firm. The survey revealed no 
increased imports of green stud lumber or articles like or directly 
competitive with green stud lumber during the surveyed periods.
    The reconsideration investigation also revealed that, contrary to 
the Union's allegation, Weyerhaeuser Company has not purchased any 
lumber production facilities in Canada during the relevant period. 
Further, an August 23, 2006 Weyerhaeuser Company news release (attached 
to the petition) states that the subject firm was replaced by a new, 
``world-class'' sawmill in the Lebanon, Oregon area.
    In the request for reconsideration, the Union requested that the 
Department review the articles submitted with the petition and the 
findings by the U.S. International Trade Commission (USITC) regarding 
Investigation Nos. 701-TA-414 and 731-TA-928.
    ``Increased imports means that imports have increased either 
absolutely or relative to domestic production compared to a 
representative base period. The representative base period shall be one 
year consisting of the four quarters immediately preceding the date 
which is twelve months prior to the date of the petition.'' 29 CFR 
Section 90.2 Because the petition is dated September 13, 2006, the 
Department determines that the relevant period is September 2005 
through August 2006.
    While ``News Release,'' Weyerhaeuser, August 23, 2006, states that 
Weyerhaeuser Company ``operates lumber mills in eight states and four 
provinces in Canada,'' it does not infer any shift of production to 
Canada or increased imports from Canada. Further, the article explains 
that the new sawmill to which production is shifting is also in the 
Lebanon, Oregon area.
    While Weyerhaeuser Company's ``Forward Looking Statement'' (July 
25, 2006) acknowledges that Weyerhaeuser

[[Page 13530]]

Company has concerns about its third quarter 2006 performance, it does 
not infer any shift of production to Canada or increased imports from 
Canada.
    Although ``News Release,'' Weyerhaeuser, July 25, 2006, states that 
second quarter 2006 earnings are lower than second quarter 2005 
earnings, the article also states that costs Weyerhaeuser Company 
incurred on Canadian softwood lumber sold into the U.S. in the second 
quarter of 2006 were lower than first quarter 2006.
    ``Coalition for Fair Lumber Imports: WTO Again Rejects Canadian 
Attack on Softwood Lumber Duties,'' Coalition for Fair Lumber Imports, 
April 13, 2006, states that the World Trade Organization Appellate 
Body's decision to support an ITC determination (issued on November 24, 
2004) that U.S. lumber producers are threatened with material injury by 
imports of dumped and subsidized softwood lumber from Canada is 
correct. However, because the events relevant to the ITC's 
determination occurred outside the relevant period, it cannot be a 
basis for the subject workers' eligibility to apply for TAA.
    Similarly, because data in the International Trade Report, December 
2004, and the USITC determination (issued July 30, 2004) regarding 
Investigation Nos. 701-TA-414 and 731-TA-928, fall outside the relevant 
time period, they cannot be a basis for the subject workers' 
eligibility to apply for TAA.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the subject worker group must be certified eligible 
to apply for TAA. Since the subject workers are denied eligibility to 
apply for TAA, the workers cannot be certified eligible for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative determination of eligibility to apply for worker adjustment 
assistance for workers and former workers of Weyerhaeuser Company, 
Lebanon Lumber Division, Lebanon, Oregon.

    Signed at Washington, DC this 14th day of March 2007
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-5237 Filed 3-21-07; 8:45 am]
BILLING CODE 4510-FN-P