DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,884

PERRAS LUMBER, INC.
GROVETON, NEW HAMPSHIRE

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 February 22, 2006 in
response to a petition filed by a company official on behalf of
workers of Perras Lumber, Inc., Groveton, New Hampshire. The
workers produce lumber, wood pallets and stock, bark, wood chips
and sawdust.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
From 2004 to 2005, and in January 2006, the subject firm
did not shift production of lumber, wood pallets and stock,
bark, wood chips and sawdust to a foreign country, nor did it
import those products.
The Department conducted a survey of the subject firm's
major declining customers regarding purchases of wood products
in 2004 and 2005 and January through February 2006. The survey
revealed that customers increased purchases from other domestic
sources and imported a negligible amount of purchases from
foreign sources.
The petitioner also indicated that the subject firm may be
secondarily affected as a supplier to a primary firm whose
workers were certified eligible to apply for adjustment
assistance. In order for workers of Perras Lumber to be deemed
secondarily affected, according to Section 222(b) of the Trade
Act, the company the firm supplied components to and lost
business with must be certified as a primary firm under Section
222(a) of the Trade Act. This requirement has not been met.
The adjustment assistance certification issued for workers of
customer was not issued under Section 222(a), but instead
Section 222(b).
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
Perras Lumber, Inc., Groveton, New Hampshire, 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 22nd day of March, 2006


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