Petitioner Type: State
Impact Date:
Filed Date: 05/22/2003
Most Recent Update: 06/19/2003
Determination Date: 06/19/2003
Expiration Date:
Employment and Training Administration
TA-W-51,847
MORGAN LUMBER, INC.
BINGHAM, MAINE
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 22, 2003 in response to
a petition filed by a State agency representative on behalf of
workers at Morgan Lumber, Inc., Bingham, Maine. The workers at the
subject facility produced softwood lumber.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject facility did not
import softwood lumber from 2001 to 2002 or during the period of
January through March 2003, when compared to the same period in
2002.
Furthermore, the investigation revealed that the subject
facility did not shift production of its softwood lumber abroad
during the relevant period.
The investigation revealed that the softwood lumber produced
at Morgan Lumber, Inc., Bingham, Maine, was for export.
Consequently, workers at the subject firm cannot be considered
adversely affected by increases in imports of softwood lumber.
Conclusion
After careful review, I determine that all workers of Morgan
Lumber, Inc., Bingham, Maine, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 19th day of June, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance