DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,783

RODMAN INDUSTRIES
MARINETTE, WINSCONSIN

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated September 12, 2006 and by application
dated September 18, a company official and United Steelworkers
12-14A, District 2, requested administrative reconsideration of
the Department's negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
August 16, 2006 and published in the Federal Register on
September 6, 2006 (71 FR 52584).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition for the workers of Rodman Industries, Marinette,
Wisconsin was denied because criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) were not met. The negative determination was based
on the findings that sales and production of particle board by the
subject firm increased from 2004 to 2005 and from January through
June of 2006 when compared with the same period in 2005. The
subject firm did not shift production to a foreign country during
the relevant period.
The petitioner provided additional information in the request
for reconsideration. Review of the original investigation
indicated that the subject facility ceased its production of
particle board on August 14, 2006. Therefore, sales and production
at the subject firm decreased absolutely during the relevant time
period.
The Department conducted a survey of the subject firm’s major
customers regarding their purchases of particle board and like or
directly competitive products to particle board during the relevant
time period. The survey revealed that none of respondents imported
particle board and like or directly competitive products to
particle board during the relevant time period. The investigation
also revealed that the subject firm did not increase imports of
particle board and there was no shift in production of particle
board to a foreign country during the relevant time period.
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 TAA. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Rodman
Industries, Marinette, Wisconsin.

Signed at Washington, D.C. this 15th day of November 2006


/s/ Elliott S. Kushner


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

4510-30-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,783

RODMAN INDUSTRIES
MARINETTE, WISCONSIN

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 July 25, 2006 in response
to a petition filed by United Steelworkers Union District 2 on
behalf of workers of Rodman Industries, Marinette, Wisconsin. The
workers produce particle board.
The investigation revealed that criteria I.B and II.B have not
been met.
There were no significant declines in sales or production
during the period of this investigation. Sales were essentially
unchanged in 2005 and increased sharply in year to date 2006.
There were production increases in each period.
The subject firm did not import particle board in the relevant
periods, nor was there a shift of production shift to any foreign
country.
United States aggregate imports of particle board and
similar board of wood declined in 2005 compared with 2004 and
also declined in the first half of 2006 compared with the same
period of 2005.
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 assis-
tance (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 Rodman Industries,
Marinette, Wisconsin are denied eligibility to apply for adjust-
ment 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 16th day of August 2006.


/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





- 4 -