Denied
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TAW-59992A  /  Ainsworth Engineered, USA LLC (Cook, MN)

Petitioner Type: State
Impact Date:
Filed Date: 09/01/2006
Most Recent Update: 10/12/2006
Determination Date: 10/12/2006
Expiration Date:

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,992

AINSWORTH ENGINEERED, USA LLC.
BEMIDJI, MINNESOTA

TA-W-59,992A

AINSWORTH ENGINEERED, USA LLC.
COOK, MINNESOTA

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 August 31, 2006 in response
to a petition filed by a state agency representative on behalf of
workers of Ainsworth Engineered USA, LLC., Bemidji, Minnesota (TA-
W-59,992) and Ainsworth Engineered USA, LLC., Cook, Minnesota (TA-
W-59,992A). Workers manufacture oriented strand board.
The investigation revealed that (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that employment, sales, and
production at the Bemidji and Cook, Minnesota locations of
Ainsworth Engineered USA, LLC., declined during the period of
January through September 2006, when compared to the same time
period in 2005.
The subject firm's did not shift production of oriented strand
board to a foreign country in 2004, 2005, or in January through
September 2006, nor did it import oriented strand board during the
relevant period.
The United States Department of Labor surveyed the subject
firm's major declining customers regarding their purchases of
oriented strand board in 2004, 2005 and January through September
of 2005 and 2006. The surveys determined that none of the
customers increased import purchases while reducing purchases from
the subject 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 of the facts obtained in the
investigation, I determine that all workers of Ainsworth Engineered
USA, LLC., Bemidji, Minnesota (TA-W-59,992), and Ainsworth
Engineered USA, LLC., Cook, Minnesota (TA-W-59,992A), 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 October 2006


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