Petitioner Type: State
Impact Date:
Filed Date: 03/18/2003
Most Recent Update: 05/09/2003
Determination Date: 05/09/2003
Expiration Date:
Employment and Training Administration
TA-W-51,198
OREGON LOG HOMES
SISTERS, OREGON
TA-W-51,198A
OREGON LOG HOMES
MAUPIN, OREGON
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. In
accordance with Section 223 of the Trade Act of 1974, as amended
(19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased 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; or
II. Section (a)(2)(B) both of the following must be satisfied:
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;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free
trade agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on March 18, 2003 in
response to a petition filed by the Trade Act Representative on
behalf of workers at of Oregon Log Homes, Sisters, Oregon and
Maupin, Oregon. The workers at the subject facilities produce
log home kits and building materials. The workers are not
separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C)
and(a)(2)(B)(II.B) have not been met.
The preponderance of evidence in this investigation suggests
that worker separations are not attributable to increases in
imports or a shift in production of log home kits to a foreign
country, but rather are attributable to a normal seasonal nature
of business.
The company also indicated that they did not experience any
lost bids during 2002 through the March 2003 period.
Conclusion
After careful review, I determine that all workers of Oregon
Log Homes, Sisters, Oregon (TA-W-51,198) and Maupin, Oregon (TA-
W-51,198A) are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 9th day of May 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance