Petitioner Type: Workers
Impact Date:
Filed Date: 10/09/2003
Most Recent Update: 01/02/2004
Determination Date: 01/02/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,201
LOUISIANA PACIFIC CORPORATION
SANDPOINT, IDAHO
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 October 9, 2003 in response
to a petition filed on behalf of workers of Louisiana Pacific
Corporation, Sandpoint, Idaho. The workers produce (plane)
dimensional lumber.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm does not import lumber like that produced at
the Sandpoint plant nor did it shift production to any foreign
facility.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of dimensional lumber in
2001-2002 and January to November, 2002-2003. None of the
respondents to the survey reported reduced purchases from the
subject firm while increasing imports in the periods covered.
United States aggregate imports of softwood lumber declined
both absolutely and relative to shipments in January through
September, 2003 compared with the same period one year earlier.
In September of 2003 ownership of the Sandpoint facility
passed from the subject firm to a successor firm, Riley Creek
Lumber Company, which retained most of the workforce. Worker
separations at Sandpoint occurred because some workers did not meet
the hiring criteria of the new owners.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Louisiana Pacific Corporation, Sandpoint, Idaho are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of January 2004
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance