DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,792
MENASHA FOREST PRODUCTS CORPORATION
NORTH BEND, OREGON

Negative Determination 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 investigation was initiated on December 11, 2003 in response to a petition filed by an official of the TRA Unit for the State of Oregon on behalf of workers of Menasha Forest Products Corporation, North Bend, Oregon. The workers performed support and administrative functions for the management of timber lands.
The investigation revealed that the petitioning workers of this firm or subdivision do not produce an article within the meaning of Section 222 of the Act. The Department of Labor has consistently determined that the performance of services does not constitute production of an article, as required by Section 222 of the Trade Act of 1974, and this determination has been upheld in the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if their separation was caused importantly by a reduced demand for their services from a parent firm, a firm otherwise related to their firm by ownership, or a firm related by control. Addition­ally, the reduction in demand for services must originate at a production facility whose workers independently meet the statutory criteria for certification, and the reduction must directly relate to the product impacted by imports. These conditions have not been met for workers at this firm.
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 Menasha Forest Products Corporation, North Bend, Oregon 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 9th day of January 2004.

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