[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22171-22172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8980]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,614]


Weyerhaeuser Green Mountain Lumber Mill, Toutle, WA; Notice of 
Negative Determination on Reconsideration

    On February 29, 2008, the Department of Labor (Department) issued 
an Affirmative Determination Regarding Application for Reconsideration 
regarding workers' eligibility to apply for Trade Adjustment Assistance 
(TAA) and Alternative Trade Adjustment Assistance (ATAA) applicable to 
workers and former workers of Weyerhaeuser Green Mountain Lumber Mill, 
Toutle, Washington (the subject firm). The Department's Notice of 
Affirmative Determination regarding the request for reconsideration was 
published in the Federal Register on March 7, 2007 (73 FR 12463). 
Workers produce rough sawn softwood dimensional lumber.
    The initial negative determination was based on the Department's 
findings that sales and production at the subject firm remained stable 
during the relevant period compared to previous year; the subject firm 
did not shift production to a foreign country; and the subject firm did 
not import articles like or directly competitive with the lumber 
produced by the subject workers. The determination also stated that the 
predominant cause of worker separations is related to the transfer of 
production to another, domestic, affiliated facility.
    In the request for reconsideration, dated February 28, 2008, the 
IAM Woodworkers Local W536 (the Union) alleged that increased imports 
by Weyerhaeuser Corporation of articles like or directly competitive 
with softwood dimensional lumber produced at the subject firm 
contributed importantly to the workers' separations (``Weyerhaeuser 
Corporation is the largest producer of softwood dimensional lumber in 
the United States with significant production facilities in Canada and 
worldwide'').
    To be certified for TAA on the basis of increased imports, the 
petitioning worker group must meet the criteria set forth under Section 
223(a)(2)(A) of the Trade Act of 1974:

    A. A significant number or proportion of the workers in such 
workers' firm, or an appropriate subdivision of the firm, have 
become totally or partially separated, or are threatened to become 
totally or partially separated; and
    B. The sales or production, or both, of such firm or subdivision 
have decreased absolutely; and
    C. Increases of imports of articles like or directly competitive 
with articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and 
to the decline in sales or production of such firm or subdivision.

    After careful review of previously-submitted information, the 
Department determines that Section 223(a)(2)(A)(A) and Section 
223(a)(2)(A)(B) were met. Accordingly, the Department's reconsideration 
investigation focused on whether the petitioning worker group satisfied 
Section 223(a)(2)(A)(C).
    Under 29 CFR 90.16 (Determinations and certifications of 
eligibility to apply for adjustment assistance), certification for TAA 
may be issued if a significant number or proportion of the workers in 
the subject firm (or an appropriate subdivision of the firm) have 
become or are threatened to become totally or partially separated; 
sales and/or production of the subject firm (or an appropriate 
subdivision of the firm) have decreased absolutely; and increases 
(absolute or relative) of imports of articles like or directly 
competitive with articles produced by the subject firm (or an 
appropriate subdivision of the firm) contributed importantly to the 
workers' separation, or threat of separation, and to such decline in 
sales or production. The regulation also states that ``contributed 
importantly means a cause which is importantly but not necessarily more 
important than any other cause.''
    During the reconsideration investigation, the Department determined 
that there were no increased imports of softwood dimensional lumber 
during 2007 from 2006 by either the subject firm or Weyerhaeuser. 
Rather, imports of softwood dimensional lumber by Weyerhaeuser 
decreased in 2007 from 2006 levels.
    On reconsideration, the Department confirmed that the predominant 
cause of the workers' separations was the shift of production to 
another, newly-built, domestic facility. New information

[[Page 22172]]

obtained by the Department during the reconsideration revealed that the 
move was due to the decreased amount of timber around the Toutle area 
and the plentiful amount of timber around the new location.
    Accordingly, the Department determines that the petitioning worker 
group has not satisfied Section 223(a)(2)(A)(C) and are not eligible to 
apply for worker adjustment assistance under the Trade Act.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the 
subject worker group must be certified eligible to apply for TAA. Since 
the petitioning worker group is denied eligibility to apply for TAA, 
the subject 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 Green 
Mountain Lumber Mill, Toutle, Washington.

    Signed at Washington, DC this 28th day of March 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-8980 Filed 4-23-08; 8:45 am]
BILLING CODE 4510-FN-P