DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,463

ASH GROVE CEMENT COMPANY
RIVERGATE LIME PLANT
PORTLAND, OREGON

Notice of Negative Determination
on Reconsideration

On August 7, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Ash Grove Cement Company, Rivergate
Lime Plant, Portland, Oregon (subject firm). The Department’s
Notice of Affirmative Determination was published in the Federal
Register on September 26, 2006 (71 FR 56169). Although the
petition states that the subject firm produces calcium oxide, the
investigation revealed that ground limestone, ground dolomite,
and calcium hydroxide are produced as well as calcium oxide. The
subject workers are not separately identifiable by product line.
The petitioner (the subject firm) requested that the Department
consider TA-W-59,463 as both a primary and secondary petition.
The petition for the workers of the subject firm was denied
because there was no shift of production and the “contributed
importantly” group eligibility requirement of Section 222 of the
Trade Act of 1974, as amended, was not met. The “contributed
importantly” test is generally demonstrated through increased
imports by either the subject firm or its customers of those
articles produced by the subject worker group.
The investigation revealed that although calcium oxide
production had ceased, there was no shift of production from the
subject facility to a country that is party to a free trade
agreement with the United States, or a country that is named as a
beneficiary under the Andean Trade Preference Act, the African
Growth and Opportunity Act or the Caribbean Basin Economic
Recovery Act. The investigation also revealed that neither the
subject firm nor its customers increased imports of calcium oxide
during the relevant period.
Because the determination did not state whether the subject
worker group is eligible for TAA as workers of a secondarily-
affected firm, the Department issued the Notice of Affirmative
Determination Regarding Application for Reconsideration.
In the initial petition, the company official asserts that
the subject firm supplied calcium oxide to Oregon Steel Mills
(TAA certified on May 9, 2003; TA-W-50,706). In the request for
reconsideration, the company official stated that “calcium oxide
produced at the plant is sold for a variety of end uses but is
primarily used in the iron and steel making industry.” The
company official also asserts that the closure of Oregon Steel
Mills, Portland, Oregon in May 2003 (one of two major customers)
and the subject firm’s inability to secure another high-volume
customer led to the closure of the calcium oxide line and the
workers’ separations.
During the reconsideration investigation, the company
official confirmed that calcium oxide production ceased at the
subject facility on May 31, 2006. Calcium oxide constituted a
meaningful portion of production at the subject facility.
During the reconsideration investigation, the company
official provided new information that indicated that there are
several major declining calcium oxide customers during the
relevant period. In response to this new information, the
Department carefully reviewed previously-submitted information
and conducted a new survey to determine whether these customers
had increased import purchases of calcium oxide while declining
their purchases from the subject firm during the relevant period.
The reconsideration investigation revealed no increased imports
of calcium oxide by these customers.
For certification on the basis of the workers’ firm being a
secondary upstream supplier, the subject firm must have customers
that are TAA certified during the relevant period and the TAA
certified customers must represent a significant portion of
subject firm’s business during the relevant period. In addition,
the subject firm would have to produce a component part of the
product that was the basis for the customers’ certification.
Because the TAA certification for Oregon Steel Mills,
Portland, Oregon had expired on May 9, 2005, that customer cannot
be a basis for certification of the subject firm as an affected
secondary upstream supplier. Further, since Oregon Steel Mills,
Portland, Oregon ceased production in May 2003, that customer
cannot have represented a significant portion of the subject
firm’s business during the relevant period. As such, the subject
workers are not eligible for TAA under secondary impact.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the subject worker group must be
certified eligible to apply for TAA. Since the subject workers
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Ash Grove
Cement Company, Rivergate Lime Plant, Portland, Oregon.
Signed at Washington, D.C. this 28th day of September 2006



/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,463

ASH GROVE CEMENT COMPANY
RIVERGATE LIME PLANT
PORTLAND, OREGON


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated July 24, 2006, a company official
requested administrative reconsideration of the Department’s
Notice of negative determination regarding the subject worker
group’s eligibility to apply for Trade Adjustment Assistance
(TAA) and Alternative Trade Adjustment Assistance (ATAA). The
Department’s determination was issued on June 12, 2006. The
Department’s Notice of determination was published in the Federal
Register on July 14, 2006 (71 FR 40158).
In the request for reconsideration, the company official
alleges that the subject firm supplied calcium oxide to a TAA-
certified company.
The determination did not state whether the subject worker
group is eligible to apply for TAA as workers of a secondarily-
affected firm (a firm which supplied component parts for articles
produced by a firm with a currently TAA-certified worker group).
The Department has carefully reviewed the request for
reconsideration and has determined that the Department will
conduct further investigation based on new information provided.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 7th day of August 2006
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,463

ASH GROVE CEMENT COMPANY
RIVERGATE LIME PLANT
PORTLAND, OREGON

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 May 23, 2006 in response to
a petition filed by a company official on behalf of workers of Ash
Grove Cement Company, Rivergate Lime Plant, Portland, Oregon. The
workers at the subject firm produced ground limestone, ground
dolomite, calcium oxide, and calcium hydroxide, though the petition
was filed based on their calcium oxide production; workers are not
separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the subject firm did not
import calcium oxide or shift its production abroad in 2004, 2005,
or during the period of January through April 2006.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of calcium oxide.
This survey revealed no imports of calcium oxide during the
relevant period.
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 during this
investigation, I determine that workers of Ash Grove Cement
Company, Rivergate Lime Plant, Portland, 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 12th day of June 2006



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





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