DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,751

McMILLEN LUMBER
SHEFFIELD, PENNSYLVANIA

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. 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 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 May 14, 2003 in response
to a petition filed on behalf of workers at McMillen Lumber,
Sheffield, Pennsylvania. The workers produced hardwood furni-
ture products and are not separately identifiable by product
line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of hardwood furniture products, nor was there a shift in
production of hardwood furniture products from the Sheffield,
Pennsylvania plant to a foreign country during the period under
investigation.
The United States Department of Labor conducted a survey of
major customers of McMillen Lumber, Sheffield, Pennsylvania,
regarding their purchases of hardwood furniture products in
2001, 2002, and the first-quarter of 2003. The survey revealed
that respondents had no imports during the relevant period.
Petitioners additionally allege that job losses were due to
their firm losing business as a supplier to a firm that shifted
production abroad or was affected by increased imports. The
investigation revealed, however, that was not the case. Sales
to such firm were relatively minor and not sufficient to satisfy
the requirements of the Trade Act.
Conclusion
After careful review, I determine that workers producing
hardwood furniture products at McMillen Lumber, Sheffield,
Pennsylvania, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 16th day of June 2003
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance