DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,708

WEYERHAEUSER COMPANY
NORTHWEST HARDWOODS DIVISION
SEDRO WOOLLEY SAWMILL
SEDRO WOOLLEY, WASHINGTON

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 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 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;
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:
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;
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
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 December 4, 2003 in response to a petition filed by a state agency representative on behalf of workers of Weyerhaeuser Company, Northwest Hardwoods Division, Sedro Woolley Sawmill, Sedro Wooley, Washington. The workers at the subject facility produced unfinished, green alder lumber.
The investigation revealed that criteria (I.C) and (II.B) have not been met.
The investigation revealed that the subject facility did not import green, unfinished alder lumber, nor did it shift production abroad in 2001, 2002, or January through November 2003. Rather, the investigation revealed that production at the subject facility was shifted to another domestic facility.
Sales of the Northwest Hardwoods Division did not decline in January to November, 2003 compared with the same period of 2002.
Moreover, aggregate U.S. imports for consumption of sawmill products decreased from 2001 to 2002 and during the period of January through October of 2003 when compared to the same period in 2002.
The petitioner alleges 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.
The subject firm did not supply a component to a primary firm whose workers have been certified as trade impacted. The green, unfinished alder lumber produced by the Sedro Woolley Sawmill was not a component part of the article that was the basis of the certification of the primary firm.
Conclusion
After careful review, I determine that all workers of Weyerhaeuser Company, Northwest Hardwoods Division, Sedro Woolley Sawmill, Sedro Woolley, Washington are denied eligibility to apply for adjust­ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of January 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance