Petitioner Type: Company
Impact Date:
Filed Date: 05/21/2003
Most Recent Update: 08/15/2003
Determination Date: 08/15/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,838
RIO GRANDE FOREST PRODUCTS, INC.
ESPANOLA, NEW MEXICO
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, 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 20, 2003 in response to
a petition filed by a company official on behalf of workers of Rio
Grande Forest Products, Espanola, New Mexico. Workers produce
softwood lumber.
The investigation revealed that Criteria I.C. and II.B. have
not been met.
The investigation revealed that the subject company did not
shift production abroad or increase import purchases of softwood
lumber during the relevant time periods.
The Department of Labor conducted a survey of the subject
company's major customers regarding their purchases of softwood
lumber during the time periods 2001, 2002, January-April 2002,
and January-April 2003. The survey revealed that the customers
did not increase their imports of softwood lumber while
decreasing their purchases form the subject firm during the
relevant time period.
Conclusion
After careful review, I determine that all workers of Rio
Grande Forest Products, Espanola, New Mexico 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 15th day of August 2003.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance