DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,268

SIMPSON DOOR COMPANY
MCCLEARY WASHINGTON DIVISION
MCCLEARY, WASHINGTON

Notice of Revised Determination
on Reconsideration

By letter postmarked December 16, 2005 United Brotherhood of
Carpenters and Joiners of America, Local Union No. 2761 requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination signed on November 23, 2005 was based on the
finding that the subject company did not separate or threaten to
separate a significant number or proportion of workers during the
relevant time period, as required by Section 222 of the Trade Act
of 1974. The denial notice was published in the Federal Register
on December 15, 2005 (70 FR 74368).
To support the request for reconsideration, the petitioner
supplied additional information regarding employment at the
subject facility. Upon further contact with the subject firm’s
company official, it was revealed that the subject firm separated
a significant number of workers during the relevant time period.
The investigation also revealed that the subject firm decreased
production of wood stile and rail doors while increasing imports
of wood stile and rail doors during the relevant time period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Simpson Door
Company, McCleary Washington Division, McCleary, Washington,
contributed importantly to the declines in sales or production
and to the total or partial separation of workers at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:

"All workers of Simpson Door Company, McCleary Washington
Division, McCleary, Washington who became totally or
partially separated from employment on or after November 3,
2004 through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."

Signed in Washington, D.C. this 20th day of January 2006.

/s/ Elliott S. Kushner

________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,268

SIMPSON DOOR COMPANY
MCCLEARY WASHINGTON DIVISION
MCCLEARY, WASHINGTON

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 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 17, 2005 in
response to a petition filed by the United Brotherhood of
Carpenters and Joiners of America on behalf of workers at Simpson
Door Company, McCleary Washington Division, McCleary, Washington.
The workers manufacture commodity wood stile and rail doors.
Workers are not separately identifiable.
The investigation revealed that criterion (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision thereof, means that at least three workers
with a workforce of fewer than 50 workers or five percent of the
workers with a workforce over 50 workers, or 50 workers.
Separations by the subject firm did not meet this threshold level.
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 of the facts obtained in the
investigation, I determine that all workers of Simpson Door
Company, McCleary Washington Division, McCleary, Washington 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 23rd day of November 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance